V.Rajathi v. D.Kandeeban

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD)No.275 of 2022 V.Rajathi ... Petitioners/Appellant/Accused Vs.

Mr.D.Kandeeban ... Respondent/Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order in Crl.A.No.14 of 2021 before the learned Principal Sessions Judge, Theni District, dated 23.12.2021 in S.T.C.No.43 of 2018 on the file of the learned Judicial Magistrate Judicial Magistrte Fast Track Court, Theni, dated 21.12.2020 and set aside the same. For Petitioner : M/s.Seeni Syed Amma for M/s.Lajapathi Roy Associates For Respondent : Mr.T.Wins 1/8

ORDER

This Criminal Revision Case has been filed to set aside the judgment of the Appellate Court passed by the learned Principal Sessions Judge, Theni District, in Crl.A.No.14 of 2021, dated 23.12.2021 confirming the Judgment in in S.T.C.No.43 of 2018 dated 21.12.2020 on the file of the learned Judicial Magistrate Judicial Magistrte Fast Track Court, Theni,

2. The petitioner borrowed a sum of Rs.4,00,000/- from the respondent on 04.02.2018. To discharge the said debt, she issued a cheque bearing No.565539, on 16.03.2018 drawn on State Bank of India, Uthamapalayam Branch. The respondent presented the said cheque before his Bank on 16.03.2018 and the same was returned on 17.03.2018 with an endorsement of "Funds Insufficient". Therefore, the respondent issued the legal notice on 03.04.2018 and the same was received by the petitioner on 04.04.2018. However, she has not sent reply notice through her counsel and has not make any payment. In such circumstances, the respondent filed a complaint under Section 138 Cr.P.C., before the learned Judicial Magistrate Fast Track Court, Theni. The learned Judicial Magistrate, taken the complaint on file in S.T.C.No.43 of 2018. 2/8

3. Thereafter, on receipt of the summons, the petitioner appeared and contested the case. The learned Trial Judge after following the procedure conducted trial. He examined PW.1 and D.W.1 to D.W.3 and perused the documents Ex.P1 to Ex.P5 and passed the conviction under Section 138 of Negotiable Instruments Act to undergo 8 months Simple Imprisonment and directed to pay a compensation of Rs.4,00,000/- with an interest at the rate of 9% per annum by the Judgment dated 21.12.2020.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in Crl.A.No.14 of 2021 on the file of the learned Principal Sessions Judge, Theni District. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

5. Today (07.08.2023), when the matter is taken up for hearing, both counsel on record would submit that they have already filed joint compromise memo. The contents of the joint compromise memo are 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. The terms of joint compromise memo are as follows:- 3/8

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6. 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. 7.Accordingly, the conviction and sentence imposed by the Judicial Magistrate Fast Track Court, Theni, in S.T.C.No.43 of 2018 dated 21.12.2020 and confirmed by the learned Principal Sessions Judge, Theni District, in Crl.A.No.14 of 2021, dated 23.12.2021, is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against her. Bail bond if any, executed by the accused shall stand discharged. 07.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss 6/8

To 1.The Principal Sessions Judge, Theni District.

2.The Judicial Magistrate Fast Track Court, Theni.

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

K.K.RAMAKRISHNAN, J.

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dss Crl.RC(MD)No.275 of 2022 07.08.2023 8/8