G.K.Dwaragan v. S.Jegadeesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN Crl.R.C(MD).No.475 of 2023 and Crl.M.P(MD).Nos.6965 and 6969 of 2023 G.K.Dwaragan ... Petitioner Vs.

S.Jegadeesan ... Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w. 401 Cr.P.C., to call for the records relating to the order of the Judgment made in STC.No.203 of 2014 on the file of the learned Judicial Magistrate No.I (Fast Track Court, Magisterial Level) Madurai, dated 06.09.2019 which is confirmed in C.A.No.118 of 2019, dated 20.03.2020 on the file of the learned VI Additional Sessions Court, Madurai and set aside the same and allow this revision.

For Petitioner : Mr.K. Krishna For respondent : Mr. M. Balakrishnan

O R D E R

The respondent filed STC.No.203 of 2014 on the file of the learned Judicial Magistrate No.I (Fast Track Court, Magisterial Level) Madurai, to take action against the petitioner under Section 138 of Negotiable Instruments Act. The respondent stated in the compliant 1/7

that the petitioner gave a cheque, dated 14.11.2013 for debt incurred by the petitioner and the same was presented before the complainant Bank and the same was returned for "in-sufficient funds". Hence, he has issued notice dated 30.12.2013. Since there was no response, he filed the said complaint in STC.No.203 of 2014, on the file of the learned Judicial Magistrate No.I (Fast Track Court, Magisterial Level) Madurai. The learned Trial Judge after considering the evidence convicted the petitioner by the Judgment, dated 06.09.2003. Against which appeal was filed in C.A.No.118 of 2019 and the same was confirmed by the learned Appellate Judge in C.A.No.118 of 2019 vide order, dated 20.03.2020 on the file of the learned VI Additional Sessions Court, Madurai. Challenging the same, the petitioner / accused filed the present revision before this Court.

2. During the pendency of revision, the matter is settled between the parties and also as per the direction of this Court 5% of the agreed amount deposited by the petitioner before the Legal Services Authority attached with this Bench. Today, the defacto complainant is present and submitted that the and matter is settled and hence, he has no objection to compound the offence.

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3. In view of the above compromise and the parties are also appeared before this Court and affirmed the terms of the compromise, this Court is inclined to order the compounding of offence under Section 147 of NI Act and 320 Cr.P.C. Terms of compromise memo as follows: 3/7

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4. Since the offence are compoundable offence and more particularly as per the direction of this Curt, the petitioner has deposited 5% of the amount before Legal Services Authority, this Court allowed this revision in the following terms:

(i) The compromise memo filed by the parties shall form part of this order.

(ii) The conviction and sentence of imprisonment and grant of compensation in STC.No.203 of 2014 on the file of the Judicial Magistrate No.I (Fast Track Court, Magisterial Level) confirmed in C.A.No.118 of 2019, dated 20.03.2020 on the file of the learned VI Additional Sessions Court, Madurai is hereby set aside. Consequently, the connected Miscellaneous Petitions is closed.

07.07.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp 5/7

To

1. The learned Judicial Magistrate No.I (Fast Track Court, Magisterial Level) Madurai, dated 06.09.2019

2. VI Additional Sessions Court, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7

K.K. RAMAKRISHNAN. J., trp Order made in Crl.R.C(MD).No.475 of 2023 and Crl.M.P(MD).Nos.6965 and 6969 of 2023 Dated : 07.07.2023 7/7