M/S.Sindhu Fashion v. M/S.Iswari Spinning Mills

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. M/s. Sindhu Fashion, rep. By its Proprietor K. Ramsuresh,

2. Mr.K. Ramsuresh, S/o. Kumaravel, Both have office at:

No.1/1, Pallakaatu Thottam, Karuppagoundanpalayam, Verrapandi Post, Tiruppur - 641 605.

..Petitioners in all the revisions Vs.

M/s. Iswari Spinning Mills, rep. By its Power of Attorney Mr. Muthukumar, Sullermbu Anjal, Athur Taluk, Dindugal District.

..Respondent in all the revisions Prayer: Criminal Revision Petitions filed under Section 438 r/w 442 of BNSS to set aside the judgments dated 13.10.2025 passed in C.A. Nos. 14, 1\6

16,15 & 13 of 2024 respectively by the learned I Additional District and Sessions Judge, Tiruppur confirming the conviction and sentence imposed by the learned Judicial Magistrate (FTC), Tiruppur in C.C. Nos. 229, 228, 227 & 239 of 2017 respectively by judgments dated 25.10.2023. For Petitioners ::

Mr.J. Franklin For Respondent ::

Mr.K. Sudhakar COMMON ORDER All the above revisions have been filed challenging the judgments dated 13.10.2025 passed in Crl.A. Nos. 14, 16, 15 & 13 of 2024 respectively by the learned I Additional District and Sessions Judge, Tiruppur, confirming the conviction and sentence imposed on the petitioners by the learned Magistrate by judgments dated 25.10.2023 in C.C. Nos. 229, 228, 227 & 239 of 2017 respectively for the offence under Section 138 of Negotiable Instruments Act. The 2nd petitioner was sentenced to undergo simple imprisonment for a period of 6 months in respect of each calendar case and the petitioners were directed to pay compensation of Rs. 86,786/- (C.C. No. 229 of 2017), Rs.2,69,094/- (C.C. No. 228 of 2017), Rs.2,21,376/- (C.C. No. 227 of 2017) and Rs. 83,016/- (C.C. No. 239 of 2\6

2017) carrying a default sentence of simple imprisonment for one month in respect of each case.

2.

Learned counsel for the petitioners and the respondent would submit that the total cheque amount involved in all the four cases is Rs.6,60,272/-; that 20% of the cheque amount was deposited in each case, pending the appeals, which comes to Rs.1,32,056/- in all and pending the revisions, a total sum of Rs.80,000/- was deposited by the petitioners (Rs. 20,000 x 4) and hence, a sum of Rs.4,48,216/- is payable by the petitioners to the respondent.

3.

Pending the revisions, the parties have arrived at a compromise and have filed Memorandum of Compromise dated 05.02.2026 in respect of each case by which the respondent agreed to receive the total balance sum of Rs.4,48,216/- in three instalments as hereunder: (i) Rs.1,49,405.33 by 25.02.2026 (ii)Rs.1,49,405.33 by 25.03.2026 and (iii)Rs.1,49,405.33 by 25.04.2026 4.

Learned counsel for the petitioners would submit that the respondent would not pursue the cases against the petitioners, if the 3\6

petitioners comply with the above terms of the compromise. He would further submit that the judgments of the Courts below may be confirmed in the event of any breach committed by the petitioners. 5.

Learned counsel for the petitioners is agreeable for the said suggestion.

6.

In view of the compromise arrived at and since the offence under Section 138 of the Negotiable Instruments Act, is compoundable, this Court is inclined to accept the Memorandum of Compromise dated 05.02.2026 in respect of each case and set aside the conviction and sentence imposed on the petitioners by the trial Court. The Memorandum of Compromise dated 05.02.2026 filed in respect of each case is accepted and taken on file.

7.

The Criminal Revision Cases are disposed of in terms of the Memorandum of Compromise dated 05.02.2026 in respect of each revision. The conviction and sentence imposed on the 2nd petitioner vide judgments dated 25.10.2023 in C.C. Nos.229, 228, 227 & 239 of 2017 respectively by the learned Judicial Magistrate (Fast Track Court), Tiruppur and confirmed by judgments dated 13.10.2025 in Crl.A. Nos.14, 16,15 & 13 4\6

of 2024 respectively by the learned I Additional District and Sessions Judge, Tiruppur are set aside and the 2nd petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act with a further condition that if the 2nd petitioner fails to comply with the terms of the compromise, then the judgments of the Courts below would stand confirmed and the revisions would stand dismissed.

8. The respondent is permitted to withdraw the amounts deposited by the petitioners pending the appeals and pending the revisions with accrued interest, by filing appropriate application. Fine amount, if any, paid by the petitioners shall be refunded. Bail bond, if any, executed shall stand discharged.

05.02.2026 nv To

1. The I Additional District and Sessions Judge, Tiruppur.

2. The Judicial Magistrate (FTC), Tiruppur.

5\6

SUNDER MOHAN.J.

, nv 05.02.2026 6\6