Madras High CourtCRL RC(MD)/114/2025disposed of

C.Suresh Kumar v. A.Arul Soundar Rajan

2025-03-11Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.114 of 2025 and Crl.M.P.(MD)No. 3171 of 2025 C.Suresh Kumar ... Petitioner/Appellant/Accused Vs.

A.Arul Soundar Rajan ... Respondent/Respondent/Complainant Prayer : This Criminal Revision has been filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the order passed in S.T.C.No.366 of 2019, dated 16.03.2022 on the file of the Special Court for Exclusive Trial of Negotiable Instruments Act, Tirunelveli, confirmed by the III Additional District and Sessions Court, Tirunelveli in C.A.No.68 of 2023, dated 01.02.2024 and set aside the same.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.Ka.Ramakrishnan

O R D E R

The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.68 of 2023, dated 01.02.2024 on the file of the learned III Additional District and Sessions Court, Tirunelveli, confirming the 1/4

Judgment of conviction and sentence, dated 16.03.2022 passed in S.T.C. No.366 of 2019, dated 16.03.2022 on the file of the Special Court for Exclusive Trial of Negotiable Instruments Act, Tirunelveli.

2. When the matter was taken up for hearing on 19.02.2025, considering the submission made by the learned counsel for the petitioner and the respondent that the matter was settled between the parties, this Court has directed the petitioner to deposit 5% of the agreed amount before the High Court Legal Service Authority of this Bench.

3. Today ( 11.03.2025), when the matter is taken up for hearing, the learned counsel for the petitioner has filed a memo along with receipt to show that 5% of the agreed amount (Rs.40,000/-) was deposited before the High Court Legal Services Committee, in pursuance of the directions of this Court. The said memo is recorded. He has also filed an application under Section 359(2) of BNSS along with affidavit stating that the petitioner has paid the entire amount to the respondent by cash.

4. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and 2/4

the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. Consequently, Crl.M.P.(MD)No.3171 of 2025, is ordered.

11.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The III Additional District and Sessions Court, Tirunelveli.

2.The Special Judge for Exclusive Trial of Negotiable Instruments Act, Tirunelveli.

3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

das Order made in Crl.R.C.(MD)No.114 of 2025 and Crl.M.P.(MD)No. 3171 of 2025 11.03.2025 4/4