Mala.M v. Arul.N

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mala.M ..Petitioner Vs Arul. N ..Respondent Prayer: This Criminal Revision petition is filed under Section 397 r/w 401 of Cr.P.C, to set aside the both judgment dated 19.09.2022 in Crl.A.No.3 of 2022, on the file of the learned District and Sessions Judge, Kallakurichi confirming the conviction and sentence in the judgment dated 31.08.2021 made in C.C.No.111 of 2017, on the file of the learned Judicial Magistrate, Fast Track Court, Kallakurichi and to acquit the petitioner of the offence under Section 138 of the Negotiable Instruments Act.

For Petitioner:

Mr.A.Kumar For Respondent:

Mr.S.Sathish

ORDER

The petitioner has preferred the above revision challenging the judgment passed by the learned District and Sessions Judge, Kallakurichi in Crl.A.No.3 of 2022 dated 19.09.2022, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable

Instruments Act and sentenced him to undergo one year rigorous imprisonment and to pay cheque amount of Rs.2,60,000/- in default, to undergo Simple Imprisonment for two months.

2. No name is printed in the cause list in respect of the respondent. However, the learned counsel Mr.S.Sathish is present and submitted that he had already appeared for the respondent at the time of condonation of delay.

3. The respondent/complainant appeared in Court and also filed an affidavit stating that he has entered into a compromise with the appellant/accused. In the said affidavit, the respondent has stated that the dispute between the parties has been amicably settled and therefore prayed that the judgment dated 19.09.2022 in Crl.A.No.3 of 2022, on the file of the learned District and Sessions Judge, Kallakurichi, confirming the judgment of conviction and sentence dated 31.08.2021 passed by the learned Judicial Magistrate (FTC), Kallakurichi, in C.C.No.111 of 2017 may be set aside by permitting them to compound the offence.

4. For ready reference, the scanned image of the affidavit is depicted hereunder:-

4. In view of the Compromise reached between the parties, and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the petitioner is acquitted and the judgment of the learned Principal District and Sessions Judge, Kallakurichi in Crl.A.No.89 of 2024 dated 12.03.2025, confirming the judgment of conviction and sentence dated 18.12.2023 passed by the learned Judicial Magistrate (FTC), Kallakurichi, in C.C.No.68 of 2021, are hereby set aside. As a consequence the conviction and sentence passed against the petitioner in C.C.No.68 of 2021 and confirmed in Crl.A.No.89 of 2024 are hereby set aside. Accordingly, the Criminal Revision Case is allowed in terms of the above compromise. The petitioner/Ramesh is directed to be released forthwith unless his presence is required in connection with any other case. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged. Consequently, connected Crl.M.P.No.4706 of 2026 stands closed. 10-03-2026 NSL To

1. The Principal District and Sessions Judge, Kallakurichi.

5. In view of the Compromise reached between the parties, and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the petitioner is acquitted and the judgment of the learned District and Sessions Judge, Kallakurichi in Crl.A.No.3 of 2022 dated 19.09.2022, confirming the judgment of conviction and sentence dated 31.08.2021 passed by the learned Judicial Magistrate (FTC), Kallakurichi, in C.C.No.111 of 2017, are hereby set aside. As a consequence the conviction and sentence passed against the petitioner in C.C.No.111 of 2017 and confirmed in Crl.A.No.3 of 2022 are hereby set aside. Accordingly, the Criminal Revision Case is allowed in terms of the above compromise. The petitioner/Mala is directed to be released forthwith unless her custody is required in connection with any other case. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged. 24-03-2026 DRL To

1. The District and Sessions Judge, Kallakurichi.

2. The Judicial Magistrate (FTC), Kallakurichi. 3.The Superintendent, Special Prison for Women, Vellore.

C.KUMARAPPAN, J.

DRL 24-03-2026