Gunasekaran v. Muthukumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Gunasekaran ..Petitioner(s) Vs Muthukumaran ..Respondent(s) Prayer:- Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, pleased to set aside the judgement dated 04.02.2025 passed in Crl.A.No.32 of 2024 by the learned Principal District and Sessions Judge, Tiruvarur confirming the judgement dated 22.03.2024 passed in S.T.C.No.44 of 2020 by the learned Judicial Magistrate, FTC, Thiruthuraipoondi, Tiruvarur District. For Petitioner(s):

For Respondent(s):

Mr.M.Vijayaragavan Ms.S.Rithika

ORDER

The petitioner has preferred the above revision challenging the judgment passed by the Principal District and Sessions Judge, Tiruvarur, in Crl.A.No.32 of 2024 dated 04.02.2025, confirming the judgment of the learned Judicial Magistrate, FTC, Thiruthuraipoondi, Tiruvarur, in S.T.C.No.44 of 2020 dated 04.02.2025 convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo two years simple

imprisonment and to pay double the cheque amount of Rs.5,00,000/- within two months and in default, to undergo further Simple Imprisonment for six months.

2. The learned counsel for the petitioner and respondent come up with the joint compromise memo under Section 147 of NI Act. The learned counsel for the respondent / complainant submits that they have already received the entire cheque amount Rs.5,00,000/-. In the said joint compromise memo, the respondent has stated that the dispute between the parties has been amicably settled and therefore prayed that the judgment dated 04.02.2025 in Crl.A.No.32 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruvarur and, confirming the judgment of conviction and sentence dated 22.03.2024 passed by the learned Judicial Magistrate (FTC), Thiruthuraipoondi, in S.T.C.No.44 of 2020 may be set aside.

3. A Joint Memo of Compromise dated 07.12.2025 has been filed before this Court which was signed by the petitioner and the 2nd respondent and also by their respective counsel and the same is scanned as follows:-

4.In view of the above factual position, it is amply clear that both of them have compromised the issue. Therefore, this Court permits the parties to compound the offence. Accordingly, the petitioner is acquitted and the judgment of the Principal District and Sessions Judge, Tiruvarur, in Crl.A.No.32 of 2024 dated 04.02.2025, confirming the judgment of the learned Judicial Magistrate, FTC, Thiruthuraipoondi, Tiruvarur, in S.T.C.No.44 of 2020 dated 04.02.2025, is also set aside. Accordingly, the Criminal Revision Case is allowed in terms of the above compromise. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged.

30-03-2026 sma To

1. The Principal District and Sessions Judge, Tiruvarur

2. The Judicial Magistrate, FTC, Thiruthuraipoondi, Tiruvarur

C.KUMARAPPAN, J.

sma 30-03-2026