Madras High CourtCRL RC(MD)/290/2025disposed of

Sabarinathan v. Nagasundaram

2025-04-04Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.2948, 2950 and 4243 of 2025 Sabarinathan ... Petitioner Vs.

Nagasundaram ... Respondent PRAYER : Criminal Revision Case filed under Section 438 and 442 B.N.S.S., to call for the records pertaining to the order passed by the learned Principal District and Sessions Court, Ramanathapuram in Crl.A.No.38 of 2023 dated 08.04.2024 by confirming the order of conviction sentence passed by the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District in S.T.C.No.111 of 2019 dated 01.06.2023 and set aside the same as illegal. For Petitioner : Mr.M.Ramkumar For Respondent : Mr.D.Balamurugapandi 1/6

ORDER

The Criminal Revision is directed against the Judgment of conviction and sentence passed in Crl.A.No.38 of 2023, dated 08.04.2024 on the file of the Principal Sessions Court, Ramanathapuram, confirming the Judgment of conviction and sentence, dated 01.06.2023 passed in S.T.C.No.111 of 2019 on the file of the District Munsif cum Judicial Magistrate, Rameshwaram.

2. It is evident from the records that the petitioner has been convicted for the alleged offence under Section 138 of Negotiable Instruments Act and sentenced to undergo three months simple imprisonment and to pay compensation of Rs.2,50,000/-, in default, to undergo two months simple imprisonment vide judgment dated 01.06.2023 in S.T.C.No.111 of 2019, that aggrieved by the said order, the petitioner has preferred an appeal in Crl.A.No.38 of 2023 on the file of the Principal Sessions Court, Ramanathapuram and that the learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Challenging the said conviction and sentence, the present revision came to be filed.

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3. When the matter was taken up for hearing on 06.03.2025, considering the submissions made by the learned counsel on either side that the matter has been settled between the parties, this Court directed the petitioner to deposit 5% of the settled amount before the Legal Services Authority attached to this Bench. In pursuance of the said direction, the learned counsel appearing for the petitioner has filed a memo dated 24.03.2025 along with the receipt to show that the petitioner has deposited Rs.12,500/- (Rupees Twelve Thousand and Five Hundred only) being 5% of the settled amount of Rs.2,50,000/- (compensation amount) before the High Court Legal Services Committee attached to this Bench.

4. When the matter is taken up for hearing today, the petitioner/ accused and the respondent/complainant are present before this Court.

5. The learned counsel appearing for the petitioner has filed a compounding petition, wherein, it has been stated that as agreed by both the parties, the petitioner has handed over Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to the respondent. 3/6

6. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 359(6) B.N.S.S.. Hence, the Criminal Revision Case stands allowed and the judgments of the trial Court and the Appellate Court are set aside and the petitioner is acquitted from the charges levelled against him. Consequently, Crl.M.P.(MD)No.4243 of 2025 is ordered and Crl.M.P. (MD)Nos.2948 and 2950 of 2025 are closed. No costs. 04.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Principal Sessions Judge, Ramanathapuram.

2.The District Munsif cum Judicial Magistrate, Rameshwaram.

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K.MURALI SHANKAR,J.

csm Order made in and Crl.M.P.(MD)Nos.2948, 2950 and 4243 of 2025 Dated: 04.04.2025 6/6