S.I.Arul v. M.Prem Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI S.I.Arul

...Petitioner

Vs.

M. Prem Prakash ..... Respondent Prayer: This Criminal Appeal is filed Under Sections 438 r/w 442 of BNSS call for the records in Criminal Appeal No.339 of 2023 on the file of the XVIII Additional District and Sessions Court at Chennai and set aside he order dated 18.07.2025 confirming the conviction and the sentence passed by the Metropolitan Magistrate, Fast Track at Magisterial Level-IV, George Town, Chennai -1 in C.C.No.1659 of 2019 by an order dated 05.05.2023 and pass orders.

For appellant : Mr.K. Balasubramaniam For Respondents : Mr. Mohammed Udaman

O R D E R

This petition is filed to call for the records in Criminal Appeal No.339 of 2023 on the file of the XVIII Additional District and Sessions Court at Chennai and set aside the order dated 18.07.2025 confirming the conviction and the sentence passed by the Metropolitan Magistrate, Fast Track at Magisterial Level-IV, George Town, Chennai -1 in C.C.No.1659 of 2019 by an order dated 05.05.2023 and pass orders.

2. Today when the matter is taken up for hearing, the learned counsel for the petitioners and the respondent submitted that as per the agreement entered between the petitioner and the respondent on 17.09.2025 the matter is settled and the relevant portion of the agreement is extracted hereunder:

3. It is respectfully submitted that as per the agreement dated 17.09.2025, the petitioner has paid a sum of Rs.10,00,000/- ( Rupees Ten Lakhs Only) to the respondent and the same was acknowledged. Further the petitioner has no objection for the respondent to withdraw the amount already deposited to a sum of Rs.4,10,989/-(Rupees Four Lakhs and Ten Thousand Nine Eighty Nine only) which stands in the credit of C.C.No.1696 of 2019, on the file of Metropolitan Magistrate, Fast Track at Magisterial Level- IV, George town, Chennai-1 in C.C.No.1696 of 2019 and for the balance sum of Rs.6,45,000/- ( Rupees Six Lakhs Forty Five Thousand Six hundrend only, the petitioner has already taken a Demand draft in favour of the respondent vide D.D.No.630357, dated 06.11.2025, drawn on CSC Bank, Ambattur, which the petitioner had hand over to the respondent on 10.11.2025 and the same was acknowledge. That the respondent has received the entire cheque amount and no further claim whatsoever

against the petitioner.

4. It is respectfully submitted that the petitioner has no objection for the respondent to withdrew the amount already deposited by the petitioner to a sum of Rs.4,10,989/- ( Rupees Four Lakhs Ten Thousand and nine hundred and eighty nine only which stands in the credit of C.C.No.1696 of 2019 on the file of the Metropolitan Magistrate, Fast Track at Magisterial Level-IV, George Town, Chennai -1 .

5. It is respectfully submitted that the respondent/complainant has agreed to compound the offence under section 147 of the Negotiable Instruments Act, 1881 in view of the agreement dated 17.09.2025 entered between the petitioner and the respondent.

6. It is respectfully submitted that both the petitioner and the respondent are filing this joint petition for compounding the offence and for closing the case.

7. It is respectfully submitted that in view of the above settlement, it is prayed that this Hon'ble Court may be pleased to permit the parties to compound the offence and consequently acquit the petitioner from the charges under Section 138 of the Negotiable Instruments Act

3. Recording the Joint compromise memo filed by the Revision petitioner and Respondent this Criminal Revision Case is disposed of . The Joint compromise memo filed by the Revision petitioner and Respondent which is extracted above forms part of this order. 20.11.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes smn

To.

1. The XVIII Additional District and Sessions Court at Chennai

2. The Metropolitan Magistrate, Fast Track at Magisterial Level-IV, George Town, Chennai -1

T.V.THAMILSELVI,J.

smn 20.11.2025