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Madras High CourtCRL RC(MD)/412/2024allowed

Chandramohan v. S.Rani

2024-04-18Honourable Mr Justice K.K. Ramakrishnan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.04.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD). No.412 of 2024 and Crl.M.P(MD).No.4471 of 2024 Chandramohan ... Petitioner Vs.

S.Rani ... Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the Judgment dated 28.07.2023 made in Crl.A.No.54 of 2020 on the file of the 5th Additional District and Sessions Judge, Madurai by confirming the conviction made in S.T.C.No.519 of 2015 on the file of the Judicial Magistrate No.I/FTC at Magisterial Level, Madurai dated 30.09.2020 and set aside the same as illegal. For Petitioner : Mr.D.Rameshkumar For Respondent : Ms.S.Prabha

ORDER

The petitioner filed this petition to set aside the Judgment dated 28.07.2023 made in Crl.A.No.54 of 2020 on the file of the 5th Additional District and Sessions Judge, Madurai, confirming the conviction made in S.T.C.No.519 of 2015 on the file of the Judicial Magistrate No.I/FTC at Magisterial Level, Madurai dated 30.09.2020 1/9

2.The case of the respondent is that the petitioner and respondent are friends. On that basis, the petitioner borrowed a sum of Rs.10,00,000/- towards the settlement of his loan and his family expenses. Towards repayment of such due, the petitioner had issued cheque bearing No.140135, dated 20.07.2015 drawn on Indian Bank, South Masi Street, Madurai. While, the respondent presented the said cheque for encashment on 20.07.2015 before the Bank of India, Railway Station Main Branch, Madurai, and the same was returned with an endorsement as "Funds Insufficient", for which, the complainant had also issued statutory notice on 31.07.20154. The notice was duly served on the petitioner on 01.08.2015 and further, the petitioner neither paid any amount nor sent any reply. Hence, the respondent filed a complaint under Section 138 of Negotiable Instruments Act, and the same was taken on file in S.T.C.No.519 of 2015 before the learned Judicial Magistrate No.I/FTC at Magisterial Level, Madurai.

3.Thereafter, on receipt of the summons, the petitioner appeared and contested the case. During trial, the complainant has been examined as P.W.1 and exhibited 5 documents as Ex.P.1 to Ex.P.5 and no material objects were marked. On the side of the accused, four witnesses were examined as D.W.1 to D.W.4 and 2/9

exhibited 3 documents as Ex.D.1 to Ex.D.3.

4.The learned Judicial Magistrate No.I/FTC at Magisterial Level, Madurai, after full-fledged trial, has passed the judgment in S.T.C.No.159 of 2015 dated 30.09.2020, and convicted the petitioner for the offence under Section 138 of the Negotiable Instrument Act, and sentenced him to undergo six months Simple Imprisonment and to pay compensation of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the complainant in default to undergo two months of Simple Imprisonment. Challenging the above said conviction and sentence, the petitioner preferred the Criminal Appeal before the learned 5th Additional District and Sessions Judge, Madurai, in C.A.No.54 of 2020. However, the same was dismissed on 28.07.2023, thereby confirming the conviction and sentence imposed on the petitioner. Aggrieved over the above said conviction and sentence imposed by the Courts below, the petitioner has preferred the present Criminal Revision Case.

5.Today (ie., on 18.04.2024), when the matter is taken up for hearing, both the learned counsel on record would submit that they have already filed joint compromise memo, which is extracted here under:- 3/9

4/9

5/9

6.The contents of the above joint compromise memo were read over and explained to both the parties and they would admit the same. The joint compromise memo filed by both the parties is recorded. Further, the respondent/complainant present before this Court and affirmed the statement of the receipt of the cheque amount. Hence, he has no objection to set aside the conviction and sentence imposed against the petitioner. 6/9

7. In view of the compromise entered between the parties, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act.

8. Accordingly, the conviction and sentence imposed by the learned Judicial Magistrate No.I/FTC, at Magisterial Level, Madurai, in S.T.C.No.519 of 2015, dated 30.09.2020 and confirmed by the learned Vth Additional District and Sessions Judge, Madurai, in C.A.No.54 of 2020, dated 28.07.2023, are hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged. Consequently, the connected Criminal Miscellaneous Petition is closed.

18.04.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No vsg 7/9

To

1. The Learned 5th Additional District and Sessions Judge, Madurai.

2. The Learned Judicial Magistrate No.I/ FTC at Magisterial Level, Madurai.

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

8/9

K.K.RAMAKRISHNAN, J.

vsg Crl.R.C(MD). No.412 of 2024 and Crl.M.P(MD).No.4471 of 2024 18.04.2024 9/9