Muthu @ Vivekanandhan v. S.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.474 of 2023 and Crl.M.P.No.1807 of 2025 Muthu @ Vivekanandhan ... Petitioner Vs.
S.Raja ... Respondent/complainant PRAYER: Criminal Revision Case filed under Sections 397 r/w 401 Cr.P.C., to call for the records and set aside the order passed by the Additional District Judge, Mayiladuthurai in Crl.A.No.33 of 2018 dated 06.08.2022 confirming the order of the Fast Track Judicial Magistrate Court, Mayiladuthurai in CC No.58 of 2016 dated 19.06.2018. For Petitioner : Mr.R.Shivakumar for Mr.K.M.Vijayan & Associates For Respondents : Mr.M.Vinoth
ORDER
The Criminal Revision Petition challenges the conviction of the Page No.1 of 9
petitioner for the offences under Section 138 of the Negotiable Instruments Act and sentence imposed on the petitioner to undergo simple imprisonment for one year and to pay a compensation of Rs.3,00,000/- to the complainant within two months from the date of judgment, in default to undergo simple imprisonment for one month.
2. The case of the respondent is that the petitioner towards discharge of his liability has issued a cheque for Rs.3,00,000/-; that when the cheque was presented for collection, the same was dishonoured for the reason "Funds Insufficient"; and that in spite of statutory notice, the petitioner failed to make the payment.
3. During the pendency of the revision, the parties have arrived at a settlement, reduced the terms in writing and have filed a Joint Memo of Compromise, stating that respondent had agreed to receive a sum of Rs.3,05,000/- [Rupees Three Lakhs and Five Thousand only] in full and final settlement of all his claims. The scanned copy of the Joint Memo of Compromise dated 30.01.2025 duly signed by both parities and the respective learned counsels, is as follows:
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4. The parties have jointly filed a compounding petition in Crl.M.P.No.1807 of 2025, confirming the said fact and seeking compounding of offence.
5. The respondent, who is present in Court confirms the receipt of Rs.3,05,000/- by way of demand drafts, in full and final settlement of his claims.
6. In view of the above 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 30.01.2025, and set aside the conviction and sentence imposed on the petitioner by the trial Court.
7. Accordingly, the Joint Compromise Memo dated 30.01.2025 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 30.01.2025. The conviction and Sentence imposed upon the petitioner vide judgment dated 19.06.2018 made in C.C.No.58 of 2016, by the learned Judicial Magistrate, Fast Track Court, Mayiladuthurai and confirmed by the judgment dated 06.08.2022 made in Crl.A.No.33 of 2018 passed by the learned Additional District Judge, Page No.7 of 9
Mayiladuthurai, 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. Consequently, Crl.M.P.No.1807 of 2025 is ordered.
30.01.2025 Index: Yes/No Speaking/Non-speaking order ars To
1. The Additional District Judge, Mayiladuthurai.
2. The Judicial Magistrate, Fast Track Court, Mayiladuthurai.
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SUNDER MOHAN, J.
ars Crl.R.C.No.474 of 2023 30.01.2025 Page No.9 of 9