R.Ramalingam v. Jayakumar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.Nos.23553 & 23555 of 2025 R.Ramalingam Petitioner(s) Vs.

1. Jayakumar 2.State Rep by the Public Prosecutor, The Nilgiris.

Respondent(s) PRAYER: Criminal Revision filed under Sections 438 & 442 of BNSS to set aside the order in STC.No.20/2021 in order dated 10.10.2023 on the file of learned Judicial Magistrate, Fast Track Magistrate Level at Coonoor and the order dated 07.07.2025 by the Sessions Judge, Magalir Neethimandram (FTMC) at Udhagamandalam, The Nilgiris in Crl.A.No.104 of 2023 confirmed dated 07.07.2025.

For Petitioner(s):

Mr.P.K.Rajangam For Respondent(s):

Mr.M.Saiguna For R1

ORDER

This petition has been filed to set aside the judgment in Crl.A.No.104 of 2023 confirming the judgment in STC.No.20 of 2021, convicting the petitioner for the offence under Section 138 of N.I Act and sentencing him to undergo simple imprisonment for a period of six months and also to pay the cheque

2/4 amount of Rs.4,00,000/- as compensation under Section 357 (3) Cr.P.C., to the complainant within three months from the date of 10.10.2023, failing which, to undergo the sentence of simple imprisonment of two months. 2.The learned counsel submits that the parties have entered into a compromise and the complainant had agreed to receive a sum of Rs.4,00,000/- (Rupees Four Lakhs only) in full and final settlement of all his claims. The complainant is present in person before this Court and filed a joint compromise memo. The complainant confirms the fact that he has received 80% of the cheque amount from the petitioner. It is submitted that the petitioner has deposited 20% of the cheque amount to the credit of STC.No.

20 of 2021, on the file of the learned Judicial Magistrate, Fast Track Magistrate Level at Coonoor and the complainant may be permitted to withdraw the same. 3.In view of the compromise arrived at, this Court is inclined to set aside the impugned judgments. Accordingly, the Joint Compromise Memo dated 28.11.2025 is taken on file and the criminal revision stands allowed. The judgment dated 07.07.2025, by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris, Crl.A.No.104 of 2023, confirming the judgment passed in STC.No.20 of 2021, dated 10.10.2023, by the learned Judicial Magistrate, Fast Track Magistrate Level at Coonoor, convicting the petitioner are set aside.

3/4 charges. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. Consequently, connected miscellaneous petitions are also closed.

4.The first respondent is permitted to withdraw the sum equivalent to 20% of the cheque amount also deposited by the petitioner. 19-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sli To 1.The Judicial Magistrate, Fast Track Magistrate Level, Coonoor.

2.The Sessions Judge, Magalir Neethimandram (FTMC) Udhagamandalam, The Nilgiris.

3.The Public Prosecutor, High Court, Madras.

4/4 SUNDER MOHAN, J.

sli 19-12-2025