Madras High CourtCRL RC(MD)/437/2025disposed of

S.Venkatachalam @ Karthi v. K.Natarajan

2025-04-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.437 of 2025 and Crl.M.P.(MD)Nos.4435 and 4436 of 2025 and Crl.M.P(MD)No.5637 of 2025 S.Venkatachalam @ Karthi : Petitioner/Appellant/Accused Vs.

K.Natarajan : Respondent/Respondent/Complainant Prayer : This Criminal Revision has been filed under Section 438 r/w 442 of BNSS, to call for the records relating to the judgment passed by the learned III Additional District Judge, Pattukkottai, Thanjavur District made in Crl.A.No.65 of 2021, dated 15.12.2022 confirming the conviction and sentence imposed by the learned Fast Track Court (Magisterial Level) Pattukkottai, Thanjavur District made in S.T.C.No.32 of 2020, dated 07.09.2021 and set aside the same.

For Petitioner : Mr.B.Anandan For Respondent : Mr.T.Sathiyanathan

O R D E R

The Criminal Revision Case is directed against the Judgment of conviction passed in Crl.A.No.65 of 2021, dated 15.12.2022 on the file of the 1/4

learned III Additional District Judge, Pattukkottai, Thanjavur District, confirming the Judgment of conviction and sentence imposed by the learned Fast Track Court (Magisterial Level) Pattukkottai, Thanjavur District made in S.T.C.No.32 of 2020, dated 07.09.2021.

2. When the matter was taken up for hearing on 03.04.2025, considering the submission made by the learned counsel for the petitioner and the respondent that the matter was settled between the parties, this Court has directed the petitioner to deposit 5% of the agreed amount before the High Court Legal Service Authority of this Bench.

3. Today ( 28.04.2025), when the matter is taken up for hearing, the learned counsel for the petitioner has filed a memo along with receipt to show that 5% of the agreed amount (Rs.15,000/-) was deposited before the High Court Legal Services Committee, in pursuance of the directions of this Court. The said memo is recorded. He has also filed an application under Section 359(6) of BNSS along with affidavit stating that due to amicable settlement arrived between the petitioner and the respondent, entire cheque amount with interest and Court expenses of the complainant have been settled. 2/4

4. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. The respondent is permitted to withdraw the amount lying before the trial Court if any, which was deposited by the petitioner by filing necessary application before the trial Court. Consequently, Crl.M.P.(MD)Nos.4435 and 4436 of 2025 are closed and Crl.M.P.(MD) No.5637 of 2025, is ordered. 28.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The III Additional District Judge, Pattukkottai, Thanjavur District.

2.The Judicial Magistrate (FTC Magisterial Level) Pattukkottai, Thanjavur District.

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

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K.MURALI SHANKAR, J.

das Order made in Crl.R.C.(MD)No.437 of 2025 and Crl.M.P.(MD)Nos.4435 and 4436 of 2025 and Crl.M.P(MD)No.5637 of 2025 28.04.2025 4/4