C.Manivannan v. M.C.Thangamuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.Nos.2008 & 2010 of 2025 & Crl.M.P.Nos.18957, 18959, 18960, 18961 of 2025 C.Manivannan ... Petitioner in both CRL RCs Vs.

M.C.Thangamuthu ... Respondent in both CRL Rcs Common Prayer: Criminal Revision Petitions filed under Section 397 & 401 of Cr.P.C./438 read with 442 of BNSS Act to set aside the judgment and conviction dated 30.07.2025 made in Crl.A.Nos.193 & 192 of 2022 on the file of the II Additional Sessions Court, Erode confirming the judgment and conviction dated 13.09.2022 made in C.C.Nos.44 and 42 of 2012 on the file of the Judicial Magistrate [FTC] No.I, Erode. For Petitioner : Mr.C.S.Saravanan 1/7

COMMON ORDER These revisions challenge the judgment and conviction imposed on the petitioner dated 13.09.2022 made in C.C.Nos.44 and 42 of 2022 on the file of the Judicial Magistrate [FTC] No.I, Erode for the offence under section 138 of the Negotiable Instruments Act which was confirmed by the judgment dated 30.07.2025 made in Crl.A.Nos.193 & 192 of 2022 on the file of the II Additional Sessions Court, Erode.

2. When the matters earlier were taken for hearing, this Court referred the parties for mediation. It appears that the petitioner had appeared before the mediation and the parties have arrived at a settlement; the mediation center had sent a report along with the settlement agreement entered into between the petitioner and the respondent. The scanned copy of the agreement reads as follows : 2/7

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3. Since the parties had arrived at a settlement, the impugned judgment of conviction and sentence made in Crl.A.Nos.193 & 192 of 2022 on the file of the II Additional Sessions Court, Erode confirming the judgment of conviction and sentence made in C.C.Nos.44 and 42 of 2022 on the file of the Judicial Magistrate [FTC] No.I, Erode for the offence under section 138 of the Negotiable Instruments Act are set aside and the appellant is acquitted. It is seen that during the pendency of the appeal, the petitioner had deposited a portion of the cheque amount under section 148 of the Negotiable Instruments Act and as agreed between the parties, the petitioner is permitted to withdraw the said amount in both the cases in C.C.Nos.42 of 2012 and 44 of 2012.

10. With the above observations, these Criminal Revision Cases are allowed. Consequently, connected miscellaneous petitions are closed.

04.12.2025 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order vrc 5/7

To 1.The II Additional Sessions Judge, Erode.

2.The Judicial Magistrate, FTC No.I, Erode.

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SUNDER MOHAN, J.

vrc and Crl.M.P.Nos.18957, 18959, 18960, 18961 of 2025 0 4 .12.202 7/7