Mohammed Faizal v. M/S. Kalinga Leather,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mohammed Faizal

...Petitioner

-VsM/s.Kalinga Leather Rep. By its Proprietrix, N.Latha, Age 52, W/o.Nagarajan, No.13/6, Gandhi Nagar, Sathi-Bhavani Connection Road, Veerappanchathiram (Post), Erode - 4, Rep. By its Manager/Power of Attorney Holder, T.C.G.Prakash, S/o.Ganesan

...Respondent

PRAYER: Criminal Revision Petition is filed under Sections 438 r/w 422 of BNSS Act, 2023, to set aside the judgment and conviction dated 10.06.2025 made in C.A.No.85 of 2019 on the file of the Court of the learned II Additional District and Sessions Judge, Erode, confirming the judgment and conviction dated 19.02.2019 made in S.T.C.No.05 of 2018 on the file of the Fast Track Court I at Magisterial Level, Erode. For Petitioner :

Mr.C.S.Saravanan For Respondent :

Mr.S.Kolandasamy 1/4

ORDER

The petitioner has preferred the above revision challenging the judgment passed by the learned II Additional District and Sessions Judge, Erode, in C.A.No.85 of 2019 dated 10.06.2025; confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him to undergo one year Simple Imprisonment and to pay compensation of Rs.7,77,400/-, in default, to undergo further Simple Imprisonment for two months.

2. The learned counsel appearing on either side submitted that the parties have since arrived at a compromise; and that the respondent has agreed to receive a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) in full and final settlement of all her claims against the petitioner.

3. The Power Agent of the complainant, namely T.C.G.Prakash, appeared through video conferencing; and confirmed the factum of compromise. The parties have also filed a Joint Compromise Memo dated 04.12.2025.

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4. In view of the Joint Compromise Memo and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the judgment of conviction passed by the learned II Additional District and Sessions Judge, Erode, in C.A.No.85 of 2019 dated 10.06.2025, confirming the judgment of conviction and sentence dated 19.02.2019 passed by the Fast Track Court I at Magisterial Level, Erode, in S.T.C.No.05 of 2018, are hereby set aside. The Criminal Revision Case is allowed in terms of the above compromise and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged.

18.12.2025 cda To 1.The II Additional District and Sessions Judge, Erode. 2.The Fast Track Court I at Magisterial Level, Erode. 3/4

SUNDER MOHAN, J.

cda 18.12.2025 4/4