Muruganantham v. Ramamoorthy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.5007 of 2025 Muruganantham ... Petitioner Vs.

Ramamoorthy ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for records and set aside the judgment dated 10.01.2025 made in Crl.A.No.45 of 2022 on the file of learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai, confirming the judgment dated 27.06.2022 in S.T.C.No.16 of 2020 on the file of the learned Judicial Magistrate Court (FTC), Pattukkottai and allow the criminal revision.

For Petitioner : Mr.A.Arun Prasad For Respondent : Mr.S.Prabhu 1/6

ORDER

The Criminal Revision is directed against the Judgment of conviction and sentence passed in Crl.A.No.45 of 2022, dated 10.01.2025 on the file of the III Additional District and Sessions Court, Thanjavur @ Pattukkottai, confirming the Judgment of conviction and sentence, dated 27.06.2022 passed in S.T.C.No.16 of 2020 on the file of the Judicial Magistrate (Fast Track Court), Pattukkottai.

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 one year simple imprisonment and to pay compensation of Rs.7,00,000/-, in default, to undergo three months simple imprisonment vide judgment dated 27.06.2022 in S.T.C.No.16 of 2020, that aggrieved by the said order, the petitioner has preferred an appeal in Crl.A.No.45 of 2022 on the file of the III Additional District and Sessions Court, Thanjavur @ Pattukkottai 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 19.03.2025, 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 27.03.2025 along with receipt to show that the petitioner has deposited Rs.30,000/- (Rupees Thirty Thousand only) being 5% of the agreed amount of Rs.6,00,000/- (cheque amount) before the High Court Legal Services Committee attached to this Bench and the above said Memo is recorded.

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

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 paid Rs.6,00,000/- (Rupees Six Lakhs only) 3/6

to the respondent and the respondent has also received the same.

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.5007 of 2025 is ordered. No costs. 15.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The III Additional District and Sessions Judge, Thanjavur @ Pattukkottai.

2.The Judicial Magistrate (Fast Track Court), Pattukkottai.

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K.MURALI SHANKAR,J.

csm Order made in and Crl.M.P.(MD)No.5007 of 2025 Dated: 15.04.2025 6/6