J. Pradeep Kumar v. M.Senthil Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.245 of 2026 and Crl.M.P.No.1703 of 2026 Pradeep Kumar ... Petitioner Vs.

Senthilkumar ... Respondent/complainant PRAYER: Criminal Revision Case filed under Sections 442 of BNSS, to call for the records and set aside the judgment dated 11.06.2025 made in Crl.A.No.384 of 2023 on the file of the I Additional District and Sessions Judge Coimbatore, confirming the conviction and sentence in the judgment dated 22.09.2023 made in C.C.No.358 of 2021 on the file of Judicial Magistrate III Coimbatore and acquit the accused. For Petitioner : Mr.M.Senthamizh Selvan For Respondent : Ms.M.Gowri

ORDER

The petitioner has preferred the above revision challenging the judgment dated 11.06.2025 passed by the learned I Additional District and Sessions Judge Coimbatore, in Crl.A.No.384 of 2023; confirming the judgment of the learned Magistrate convicting the petitioner for the Page No.1 of 4

offences under Sections 406 and 420 of IPC, 1860, and sentenced him to undergo one year rigorous Imprisonment for each offence.

2. The case of the respondent is that the petitioner borrowed a sum of Rs.7,00,000/- from the respondent and promised him to return the said amount and that since the petitioner failed to make the payment, the petitioner had committed the aforesaid offences.

3. During the pendency of the revision, the parties have arrived at a settlement, reduced the terms in writing and have filed a Joint Memo of Compromise, stating that respondent had agreed to receive a sum of Rs.7,00,000/- [Rupees Seven Lakhs ] in full and final settlement of all his claims. It is also reported that the petitioner is still in custody. The respondent who is identified by his counsel is also present in person and confirms the compromise. The compromise memo dated 30.01.2026 has also been filed by learned counsel on either side, which shall form part and parcel of this order.

4. In view of the compromise arrived at and since the offences under Sections 406 and 420 of IPC, 1860, are compoundable, this Court is inclined to accept the Compromise Memo dated 30.01.2026 and set Page No.2 of 4

aside the conviction and sentence imposed on the petitioner by the Courts below.

5. Accordingly, the Joint Compromise Memo dated 30.01.2026 is taken on file. The Criminal Revision Case is allowed in terms of the aforesaid memo filed by the parties. The conviction and Sentence imposed upon the petitioner vide judgment dated 22.09.2023 made in C.C.No.358 of 2021, by the learned Judicial Magistrate III, Coimbatore and confirmed by the judgment dated 11.06.2025 made in Crl.A.No.384 of 2023 passed by the learned I Additional District & Sessions Judge, Coimbatore, are set aside and the petitioner is acquitted of the offences under Sections 406 and 420 of the Negotiable Instruments Act. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. The petitioner shall be set at liberty forthwith. Consequently, connected miscellaneous petition stands closed. 03.02.2026 Note: Issue order copy today i.e.,03.02.2026. Index: Yes/No Speaking/Non-speaking order rap Page No.3 of 4

SUNDER MOHAN, J.

rap To

1. The I Additional District and Sessions Judge Coimbatore

2. The Judicial Magistrate III Coimbatore

3. The Central Prison, Coimbatore.

Crl.R.C.No.245 of 2026 03.02.2026 Page No.4 of 4