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Madras High CourtCRL RC(MD)/148/2025allowed

Dandapani v. Sivaraman

2025-08-01Honourable Mrs Justice L.Victoria Gowri9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Dandapani ... Petitioner Vs.

Sivaraman ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the impugned order passed in C.A.No.60 of 2022 dated 06.11.2023 on the file of the Court of the I Additional District and Sessions Court (PCR), Tiruchirappalli confirming the order passed in C.C.No.480 of 2018 dated 07.07.2022 on the file of the Court of learned Judicial Magistrate No.I, Tiruchirappalli and set aside the same as illegal.

For Petitioner : Mr.R.Surya Prakash For Respondent : Mr.S.Karthick Ramkumar

ORDER

This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.60 of 2022 on the file of the learned I Additional District and Sessions Court (PCR), Tiruchirappalli, dated 06.11.2023, confirming the 1/9

conviction and sentence imposed by the judgment dated 07.07.2022 in C.C.No.480 of 2018 on the file of the learned Judicial Magistrate No.I, Tiruchirappalli and acquit the accused.

2. The case of the respondent/complainant is that in the first week of May 2018, the petitioner voluntarily approached the respondent and persuaded him to provide 175 grams of gold jewelry for a business purpose, promising to return it within a week. However, by the first week of June 2018, the petitioner returned only 43 grams and failed to return the remaining 132 grams. On 27.07.2018, the petitioner has issued cheque bearing number 000278 for a sum of Rs.5,00,000/- dated 06.08.2018 towards the repayment of accused liabilities. When the respondent has presented the cheque for collection on 17.09.2018, the same was returned with reason "Insufficient funds" on 05.10.2018. Therefore, the respondent has sent legal notice on 13.10.2018 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 15.10.2018. The petitioner has sent a reply notice on 11.11.2018 with false and baseless allegations. Therefore, the respondent has filed a private complaint for 2/9

the offence under Section 138 of Negotiable Instruments Act against the petitioner.

3.The complaint was taken on file by the learned Judicial Magistrate No.I, Tiruchirappalli as C.C.No.480 of 2018. The learned Trial Court convicted the petitioner on 07.07.2022, for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and to pay a sum of Rs.5,00,000/- as compensation within a period of one month, in default to undergo simple imprisonment for one month. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.60 of 2022 on the file of the I Additional District and Sessions Court (PCR), Tiruchirappalli and the learned I Additional District and Sessions Court (PCR), Tiruchirappalli, by confirming the conviction and sentence, dismissed the appeal. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case.

4. The matter is referred to Mediation and Conciliation Centre in File No.484 of 2025 in Crl.R.C(MD)No.148 of 2025 and the mediation report is placed before me. The settlement agreement arrived at between the parties is extracted hereunder:

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5. The Hon'ble Supreme Court in Ramgopal and another v. State of Madhya Pradesh1, had held that this Court, in exercise of inherent powers, can accept the compromise, even in the case of noncompoundable offences, if the parties have entered into a compromise and the dispute is private in nature.

6. Though the petitioner is the accused of the offence under Section 138 of Negotiable Instruments Act, the dispute is private in nature. Hence, this Court is inclined to accept the settlement and set aside the order of conviction and sentence imposed by the Courts below.

7. Accordingly, the settlement agreement dated 23.07.2025, is taken on file. The Criminal Revision Case is allowed in terms of the settlement agreement dated 23.07.2025. The conviction and sentence imposed upon the petitioner vide judgment dated 06.11.2023, in Crl.A.No.60 of 2022 on the file of the learned I Additional District and Sessions Court (PCR), Tiruchirappalli, confirming the conviction and sentence imposed by the judgment dated 07.07.2022 in C.C.No.480 of 2018 on the file of the learned Judicial Magistrate No.I, Tiruchirappalli, (2022) 14 SCC 531 7/9

is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. The respondent is permitted to withdraw the amount which has been deposited to the credit of C.C.No. 480 of 2018 on the file of the Judicial Magistrate No.I, Tiruchirappalli on making a suitable application.

01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg gbg To 1.The Additional District and Sessions Court (PCR) No.I, Tiruchirappalli.

2.The Judicial Magistrate No.I, Tiruchirappalli.

3.Do through the Chief Judicial Magistrate, Tiruchirappalli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 01.08.2025 9/9