← Library
Madras High CourtCRL RC(MD)/389/2025disposed of

N.Santhi v. P.Dhandapani (Died)

2025-04-30Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.6085 of 2025 N.Santhi ... Petitioner Vs.

1.P.Dhandapani (Died) 2.Manimala 3.Palaniyammal 4.Babu 5.Bharathi 6.Sujipriya ... Respondents (R2 to R6 are substituted as per order of the Court dated 20.03.2025 in Crl.M.P.(MD)No.3655 of 2025 in Crl.R.C.(MD)SR.No.4458 of 2025) PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records pertaining to the judgment dated 1/6

30.11.2022 passed in Crl.A.No.2 of 2022 on the file of the Principal District Judge, Karur confirming the judgment dated 16.12.2021 passed in C.C.No.777 of 2017 on the file of the Judicial Magistrate (Fast Track Court, Magistrate Level), Karur and set aside the same. (cause title amended as per order of the Court, dated 25.03.2025 in Crl.M.P.(MD)No.4092 of 2025 in Crl.R.C.(MD)No.389 of 2025) For Petitioner : Mr.C.Mayilvahana Rajendran For R2 & R4 to R6 : Mr.N.Balasubramanian

ORDER

The Criminal Revision is directed against the Judgment of conviction and sentence passed in Crl.A.No.2 of 2022, dated 30.11.2022 on the file of the Principal District and Sessions Court, Karur, confirming the Judgment of conviction and sentence, dated 16.12.2021 passed in C.C.No.777 of 2017 on the file of the Judicial Magistrate (Fast Track Court, Magistrate Level), Karur.

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 2/6

and to pay compensation of Rs.6,50,000/-, in default, to undergo three months simple imprisonment vide judgment dated 16.12.2021 in C.C.No. 777 of 2017, that aggrieved by the said judgment, the petitioner has preferred an appeal in Crl.A.No.2 of 2022 on the file of the Principal District and Sessions Court, Karur 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.

3. When the matter was taken up for hearing on 22.04.2025, 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 produced the receipt to show that the petitioner has deposited Rs.32,500/- (Rupees Thirty Two Thousand and Five Hundred only) being 5% of the settled amount of Rs.6,50,000/- (compensation amount) before the High Court Legal Services Committee attached to this Bench. 3/6

4. Pending revision, the sole respondent/complainant died and his legal heirs were impleaded as respondents 2 to 6.

5. When the matter is taken up for hearing today, the petitioner/ accused and the respondents 2 and 4 are present before this Court.

6. The learned counsel appearing for the respondents 2 and 4 to 6 would submit that the respondents 3 to 6 have no objections for the second respondent to receive the amount on behalf of their part also.

7. 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.6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) to the second respondent and the second respondent has received the same.

8. 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 4/6

judgments of the trial Court and the Appellate Court are set aside and the petitioner is acquitted from the charges levelled against her. Consequently, Crl.M.P.(MD)No.6085 of 2025 is ordered. No costs. 30.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Principal District and Sessions Judge, Karur.

2.The Judicial Magistrate (Fast Track Court, Magistrate Level), Karur.

5/6

K.MURALI SHANKAR,J.

csm Order made in and Crl.M.P.(MD)No.6085 of 2025 Dated: 30.04.2025 6/6