Elizabethrani v. Sekar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.4579 of 2025 Elizabethrani ... Petitioner Vs.

Sekar ... Respondent PRAYER : Criminal Revision Case filed under Section 397(1) r/w 401 Cr.P.C., to call for the records and set aside the judgment 20.12.2022 passed Crl.A.No.112 of 2019 on the file of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai, Thanjavur District confirming the conviction and sentence imposed upon the petitioner in S.T.C.No.67 of 2019 on the file of the learned Judicial Magistrate Court (FTC), Pattukottai, Thanjavur District dated 14.08.2019 and acquit the petitioner.

For Petitioner : Mr.R.Ilayaraja For Respondent : Mr.T.Veerakumar 1/6

ORDER

The Criminal Revision is directed against the Judgment of conviction and sentence passed in Crl.A.No.112 of 2019, dated 20.12.2022 on the file of the III Additional District and Sessions Court, Thanjavur @ Pattukkottai, confirming the Judgment of conviction and sentence, dated 14.08.2019 passed in S.T.C.No.67 of 2019 on the file of the Fast Track Court (Magisterial Level), 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.3,00,000/-, in default, to undergo four months simple imprisonment vide judgment dated 14.08.2019 in S.T.C.No.67 of 2019, that aggrieved by the said order, the petitioner has preferred an appeal in Crl.A.No.112 of 2019 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 21.03.2025, 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 produced the receipt to show that the petitioner has deposited Rs.15,000/- (Rupees Fifteen Thousand only) being 5% of the settled amount of Rs.3,00,000/- (compensation amount) before the High Court Legal Services Committee attached to this Bench.

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

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.3,00,000/- (Rupees Three Lakhs only) to the respondent and the respondent has also agreed to receive the same.

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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 her. Consequently, Crl.M.P.(MD)No.4579 of 2025 is ordered. No costs. 04.04.2025 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.4579 of 2025 Dated: 04.04.2025 6/6