M/S. Universe Textile Inc. v. V.Kanagaraj

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. M/s. Universe Textile Inc.

Rep by its partner R.Senthilnathan, Having Office at No.6(6), PVG Nagar, Valayangadu West, Tiruppur-641 603.

2. R.Senthilnathan Partner of M/s.Universe Textile Inc, Having Office at No.6(6), PVG Nagar, Valayangadu West, Tiruppur-641 603.

3. S.Shalini Partner of M/s.Universe Textiles Inc Having Office at No.6(6), PVG Nagar, Valayangadu West, Tiruppur-641 603.

Petitioner(s) Vs V.Kanagaraj S/o.Venkatachalam, Proprietor of M/s.Harbrinda Textile, having office at D.No.19, VOC Nagar South, 2nd Street, Tiruppur-641 603 Respondent(s) PRAYER:Criminal Revision filed under Section to 438 r/w 442 BNSS to set aside the judgment dated 01.08.2025 passed by the Learned I Additional District and Sessions judge, Tiruppur in Crl.A.No.312 of 2023 confirming the judgment dated 02.12.2023 passed by the learned Judicial Magistrate Fast Track Court, Tiruppur in STC.No.874 of 2020 and to acquit the revision petitioner. For Petitioner(s):

Mr.H. Thameen Ansari For Respondent(s):

Mr.N.S.Suganthan

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ORDER

This revision has been filed challenging the judgment dated 01.08.2025, passed in Crl.A.No.312 of 2023, by the learned I Additional District and Sessions judge, Tiruppur, confirming the judgment of the Trial Court in STC.No.874 of 2020, convicting the petitioner for the offence under Section 138 NI Act and sentencing him to undergo six months simple imprisonment for the offence under Section 138 NI Act and to pay compensation of Rs.15,00,000/- within a period of one month from the date of that order and in default to undergo simple imprisonment for a period of one month. 2.The parties were earlier referred to Mediation. They have since arrived at a compromise and a settlement agreement has been entered between the parties. By the said settlement agreement, the parties had agreed that the petitioner shall pay a total sum of Rs.

15,00,000/- in full and final settlement of all the claims of the respondent. The said amount has been agreed to be paid in instalments on or before April 2026. It is also reported that the petitioner had already deposited a sum of Rs.3,00,000/- to the credit of STC.No.874 of 2020. The respondent is permitted to withdraw the same. 3.

3/4 compoundable, this Court is inclined to accept the compromise and set aside the impugned judgments.

4.Accordingly, this Revision stands allowed and the conviction and sentence imposed on the petitioner in STC.No.874 of 2020 dated 02.12.2023 by the learned Judicial Magistrate Fast Track Court, Tiruppur and confirmed by judgment dated 01.08.2025 in Crl.A.No.312 of 2023, passed by the learned I Additional District and Sessions judge, Tiruppur, are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. Admittedly only a portion of the amount has been paid by the petitioner to the respondent. It is needless to say that if the petitioner fails to keep up his promise made in the settlement agreement and fails to pay the balance sum, it is open to the respondent to seek revival of the instant criminal revision case.

Index:Yes/No 18-12-2025 Speaking/Non-speaking order Internet:Yes sli To 1.The I Additional District and Sessions Judge, Tiruppur.

2.The Judicial Magistrate Fast Track Court, Tiruppur.

4/4 SUNDER MOHAN, J.

sli 18-12-2025