Madras High CourtCRL OP/28434/2025allowed

S.Jeyanthi v. K.A.C.Kumar

2025-10-17Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR ADVANCE ORDER in

1. S.Jeyanthi Wife of Kirubanithi, No.3, Mallapuram Bus Stop, Sommanahalli Post, Indur Via, Pennagaram Taluk, Dharmapuri District.

Petitioner(s) Vs

1. K.A.C.Kumar Son of Chitambaram, D.No.2/624 C, Nellinagar Pidamanery, Dharmapuri Town, Dharmapuri District.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS pleased to compound the sentence passed in C.C.No.71 of 2018 passed by Learned Judicial Magistrate (Fast Track Level) Dharmapuri order dated 18.02.2020 confirmed in Criminal Appeal No.2 of 2023 on the file of the Learned Additional District and Sessions Judge, Dharmapuri Order dated 20.10.2023 and confirmed in CRL.R.C.No.1182 of 2024 order dated 31.01.2025 by this

Honble Court and acquit the Petitioner/Accused and to pass such or other orders.

For Petitioner(s):

Mr.P.Rajavel For Respondent(s):

Mr.C.Mahendran

ORDER

This Criminal Original Petition is allowed and the sentence passed in C.C.No.71 of 2018 passed by Learned Judicial Magistrate (Fast Track Level) Dharmapuri order dated 18.02.2020 confirmed in Criminal Appeal No.2 of 2023 on the file of the Learned Additional District and Sessions Judge, Dharmapuri Order dated 20.10.2023 and confirmed in CRL.R.C.No.1182 of 2024 order dated 31.01.2025 by this Court, is set aside. The petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.

2. It is reported by the learned counsel on either side that the petitioner is now in incarceration. The petitioner/accused is directed to be set at liberty forthwith unless his custody is otherwise required in connection with any other case. Bail bond, if any executed, shall stand cancelled.

3. The detailed order will follow.

17-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The Judicial Magistrate [Fast Track Court], Dharmapuri.

2. The Additional District & Sessions Judge, Dharmapuri.

3. The Superintendent, Central Prison Salem.

N.SATHISH KUMAR J.

vrc 17-10-2025