S.Anandhan v. Jaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Anandhan .. Petitioner

Versus

Jaya represented by her Power Agent N.Chandrasekara Rao .. Respondent Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., and newly under Section 438 r/w 442 of B.N.S.S., to set aside the judgment passed by the learned XX Additional Sessions Judge, Chennai in Crl.A.No.3 of 2023, dated 11.09.2024 by confirming the order of the learned Metropolitan Magistrate, FTC-I, Egmore at Allikulam in C.C.No.7274 of 2016, dated 30.11.2022.

For Appellant : Mr.D.Rajagopal 1/8

For Respondent : Mr.M.Govindaraju 2/8

ORDER

This Criminal Revision Case is filed aggrieved by the judgment of the learned Metropolitan Magistrate, Fast Track Court - I, Egmore at Allikulam, dated 30.11.2022 made in C.C.No.7274 of 2016 and the learned XX Additional Sessions Court, Chennai, dated 11.09.2024 in Crl.A.No.3 of 2023.

2. While both sides learned Counsel commenced their arguments and it was at the part heard stage, it is noticed that this may be a fit case for settlement between the parties. Earlier they were referred to mediation and the parties negotiated to an extent, but, the matter did not settle. However, the effect of detailed discussion before the Mediator has this ripple effect when the matter thereafter comes before the Court, the parties can quickly assess their situation and submit any fresh proposals before the Court without reference to the discussions in the mediation. In that background, 3/8

the revision petitioner is present before this Court along with his daughter. The revision petitioner submits that at the time of filing an appeal before the Sessions Court and after a condition was imposed by this Court, a total sum of Rs.7,17,600/-, has been deposited by him which is lying to the credit of C.C.No.7274 of 2016 on the file of the Trial Court. He has no objection in permitting the complainant to withdraw the said amount along with accrued interest. Over and above the same, he is willing to pay a sum of Rs.1,00,000/- within 30 days from today and another sum of Rs.2,00,000/- within five months thereafter. The Power of Attorney of the complainant is present before this Court. He is willing to accept the above as full quit.

3. In view thereof, this Criminal Revision Case is disposed of on the following terms:- (i) The respondent/complainant namely, Jaya, represented by his 4/8

Power of Attorney Agent, N.Chandrasekar Rao, will be permitted to withdraw the entire sum of Rs.7,17,600/- along with accrued interest, if any, lying to the credit of C.C.No.7274 of 2016 on the file of the learned Metropolitan Magistrate, Fast Track Court - I, Egmore, Chennai without insisting of any formal petition;

(ii) As and when a memo is filed along with a copy of the order of this Court, after verifying the credentials of the bank account, the amount shall be transferred to the bank account of the complainant by the Trial Court.

(iii) The petitioner shall also pay a sum of Rs.1,00,000/- on or before 24.12.2025;

(iv) The petitioner shall pay the balance sum of Rs.2,00,000/- on or before 24.05.2026. The balance sum can be paid in one lumpsum or in part by installments.

(v) The amount of Rs.3,00,000/- i.e., Rs.1,00,000/- and 5/8

Rs.2,00,000/- referred above, can be paid either by Demand Draft or transferred online also through banking transactions by way of R.T.G.S, NEFT, GPay etc., after getting the bank details. (vi) If the petitioner complies with the above said directions and the timelines and pays the amount, the conviction and sentence imposed on the petitioner vide judgment of the learned Metropolitan Magistrate, Fast Track Court - I, Egmore at Allikulam, dated 30.11.2022 made in C.C.No.7274 of 2016 and as confirmed by the judgment of the learned XX Additional Sessions Judge, Chennai, dated 11.09.2024 in Crl.A.No.3 of 2023, shall stand set aside and the offence be treated as compounded. (vii) If the petitioner fails to comply with the aforesaid conditions of not paying the sum of Rs.3,00,000/-, then, the conviction of the offence under Section 138 of the Negotiable Instruments Act, 1881, as made by the judgment of the learned Metropolitan Magistrate, Fast Track Court - I, Egmore at Allikulam, dated 30.11.2022 made in C.C.No.7274 of 6/8

2016 and as confirmed by the judgment of the learned XX Additional Sessions Judge, Chennai, dated 11.09.2024 in Crl.A.No.3 of 2023, shall stand confirmed and the sentence is modified to the effect that the petitioner will undergo Simple Imprisonment for a period of three months and also pay the entire cheque amount as compensation after deducting the sum of Rs.7,17,600/-.

25.11.2025 : no grs To

1. The XX Additional Sessions Judge, Chennai.

2. The Metropolitan Magistrate, FTC-I, Egmore at Allikulam.

7/8

D.BHARATHA CHAKRAVARTHY, J.

grs 25.11.2025 8/8