P.Dhanalakshmi v. K.Murugesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C .No.185 of 2026 and Crl.M.P.No.1264 of 2026 P.Dhanalakshmi

...Petitioner

Vs.

K.Murugesh

...Respondent

Prayer: Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to set aside the Judgment dated 03.08.2025 passed by the learned I Additional District and Sessions Judge Tiruppur in C.A.No.301 of 2023 confirming the conviction and sentence imposed by judgment dated 09.11.2023 by the learned Judicial Magistrate (Fast Track Court), Tiruppur in C.C.No.236 of 2016. For Petitioner : Mr.J.Franklin For Respondent : Mr.P.Mohanlal 1/4

ORDER

The revision challenges the judgment dated 03.08.2025 passed in Criminal Appeal No. 301 of 2023 by the learned I Additional District and Sessions Judge, Tiruppur confirming the conviction and sentence imposed on the petitioner for the offence under Section 138 of the Negotiable Instruments Act by judgment dated 09.11.2023 in C.C. No. 236 of 2016 by the learned Judicial Magistrate, (Fast Track Court), Tiruppur. The petitioner was sentenced to undergo six months simple imprisonment and to pay compensation of Rs.5,60,000/- carrying a default sentence of simple imprisonment for one month for the aforesaid offence.

2.

Pending the revision, the parties have entered into a compromise. The complainant/respondent appeared through videoconferencing and confirmed the compromise by which he had agreed to receive a sum of Rs.5,62,000/- in full and final settlement of all his claims against the petitioner and had confirmed the receipt of Rs.4,50,000/-. 3.

It is also reported that the petitioner had deposited a sum of Rs.1,12,000/- to the credit of C.C. No. 236 of 2016 pending the appeal. The 2/4

parties have agreed that the respondent would withdraw the same. 4.

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 Settlement Deed dated 02.09.2025 and set aside the conviction and sentence imposed on the petitioner by the trial Court.

5. Accordingly, the Settlement Deed dated 02.09.2025 is taken on file. The Criminal Revision Case is allowed in terms of the Settlement Deed dated 02.09.2025. The conviction and Sentence imposed on the petitioner vide judgment dated 09.11.2023 in C.C. No. 236 of 2016 by the learned Judicial Magistrate (Fast Track Court), Tiruppur and confirmed by judgment dated 03.08.2025 in Crl.A. No.301 of 2023 passed by the learned I Additional District and Sessions Judge, Tiruppur are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.

6. The respondent is permitted to withdraw Rs.1,12,000/-/- [Rupees One Lakh and Twelve Thousand only] deposited to the credit of C.C. No. 236 of 2016 before the trial Court, with accrued interest, by filing appropriate application. Fine amount, if any, paid by the petitioner shall be refunded. Bail 3/4

SUNDER MOHAN.J.

, nv bond, if any, executed shall stand discharged. Connected miscellaneous petition is closed.

05.02.2026 Index : Yes/No Speaking order : Yes/No nv To 1.The I Additional District and Sessions Court, Tiruppur. 2.The Judicial Magistrate (Fast Track Court), Tiruppur. and Crl.M.P.No.1264 of 2026 4/4