Madras High CourtCRL RC/2354/2025allowed

D.Kumar v. R.Karunakaran

2026-02-04Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. D.Kumar Petitioner(s) Vs

1. R.Karunakaran Respondent(s) PRAYER To set aside the judgment passed by the Learned the Principal District and Session Judge, Tirupathur in C.A.No.75/2022 dated 05.03.2025 as confirmed by the Judgment passed by the Learned Judicial Magistrate No.1, Tirupathur in STC No.578/2019 dated 21.04.2022.

For Petitioner(s):

R.Parthiban For Respondent(s):

E.Kannadasan

ORDER

The revision challenges the judgment dated 05.03.2025 passed in C.A.No.75 of 2022 by the learned Principal District and Sessions Judge,

Thirupathur, confirming the conviction and sentence imposed on the petitioner for the offence under Section 138 of the Negotiable Instruments Act by judgment dated 21.04.2022 in S.T.C.No.578 of 2019 by the learned Judicial Magistrate No.I, Thirupathur. The petitioner was sentenced to undergo one year simple imprisonment and to pay Rs.4,00,000/-, in default to undergo four months simple imprisonment.

2. Learned counsel for the petitioner and the respondent would submit that the parties have arrived at a compromise by which the respondent had received a sum of Rs.4,00,000/- in full and final settlement of all his claims against the petitioner. A Joint Compromise Memo dated 04.02.2026 has also been filed by the parties.

3. The petitioner is present. The respondent, identified by his counsel is present, and he confirmed the joint compromise and the fact that he received a sum of Rs.4,00,000/- in full and final settlement.

4. In view of the compromise arrived at and since the offence under Section 138 of the Negotiable Instruments Act, is compoundable, this Court is inclined to accept the Joint Compromise Memo dated 04.02.2026 and set aside the conviction and sentence imposed on the petitioner by the trial Court.

5. Accordingly, the Joint Compromise Memo dated 04.02.2026 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 04.02.2026. The conviction and sentence imposed on the petitioner vide judgment dated 21.04.2022 in S.T.C.No.578 of 2019 by the learned Judicial Magistrate No.I, Thirupathur and confirmed by judgment dated 05.03.2025 passed in C.A.No.75 of 2022 by the learned Principal District and Sessions Judge, Thirupathur, are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Bail bond, if any, executed shall stand discharged. The petitioner shall pay a sum of Rs.10,000/- as costs to the Mediation and Conciliation Centre attached to this court and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

04-02-2026 skr Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. Learned Principal District and Sessions Judge, Thirupathur.

2. Learned Judicial Magistrate No.I, Thirupathur.

3. The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN J.

skr 04-02-2026