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Madras High CourtCRL RC(MD)/794/2025allowed

S. Krishnamoorthi v. Gokila

2025-08-20Honourable Mrs Justice L.Victoria Gowri10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.8491 of 2025 S.Krishnamoorthi ... Petitioner Vs.

Gokila ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the entire records and set aside the Judgment passed by the learned Additional District and Sessions Judge, Dindigul District in C.A.No.84 of 2022 dated 02.07.2024, whereby confirming the conviction and sentence imposed by the learned District Munsif Cum Judicial Magistrate, Vedasandur, Dindigul District in C.C.No.112 of 2020, dated 29.11.2022 whereby the petitioner was found guilty for the offence under Section 138 of N.I Act and awarded Rs.4,00,000/- as compensation in default 2 months simple imprisonment and consequently acquit the petitioner.

For Petitioner : Mr.K.Baskaran For Respondent : Mr.S.Gokulraj 1/10

ORDER

This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.84 of 2022 on the file of the learned Additional District and Sessions Judge, Dindigul District, dated 02.07.2024, confirming the conviction and sentence imposed by the judgment dated 29.11.2022 in C.C.No.112 of 2020 on the file of the learned District Munsif Cum Judicial Magistrate, Vedasandur, Dindigul District and acquit the accused.

2. The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.4,00,000/- from the respondent on 25.05.2020. The petitioner has issued a cheque, dated 25.06.2020 for an amount of Rs.4,00,000/-. When the respondent has presented the cheque for collection on 22.07.2020, the same was returned as "funds insufficient" on 23.07.2020. The respondent has sent legal notice on 29.07.2020 to the petitioner demanding repayment of the amount covered by the cheque. The said notice was returned as unclaimed. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act, 1881 against the petitioner. 2/10

3.The complaint was taken on file by the learned District Munsif Cum Judicial Magistrate, Vedasandur, Dindigul District, as C.C.No.112 of 2020. The learned Trial Court convicted the petitioner on 29.11.2022, for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for 6 months and to pay a sum of Rs.4,00,000/- as compensation, in default to undergo simple imprisonment for two months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.84 of 2022 on the file of the Additional District and Sessions Court, Dindigul District and the learned Additional District and Sessions Court, Dindigul District, 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 learned counsel appearing for the petitioner submitted that both the parties have entered into compromise and filed a joint compromise memo to compound the offence. Both the parties have appeared before this Court in person. The scanned copy of the joint compromise memo is as follows:- 3/10

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5. The learned counsel appearing for the respondent also confirms the fact that the compromise have been entered into between the parties.

6. Heard both sides and carefully perused the materials available on record.

7. 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.

8. 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 compromise and set aside the order of conviction and sentence imposed by the Courts below. (2022) 14 SCC 531 7/10

9. Accordingly, the Joint Compromise Memo dated 20.08.2025, is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 20.08.2025. The conviction and sentence imposed upon the petitioner vide judgment dated 02.07.2024, in Crl.A.No.84 of 2022 on the file of the learned Additional District and Sessions Court, Dindigul District, confirming the conviction and sentence imposed by the judgment dated 29.11.2022 in C.C.No.112 of 2020 on the file of the learned District Munsif Cum Judicial Magistrate, Vedasandur, Dindigul District, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. Consequently, connected Miscellaneous Petition is closed. 20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 8/10

To 1.The Additional District and Sessions Court, Dindigul District.

2.The District Munsif Cum Judicial Magistrate, Vedasandur, Dindigul District.

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

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 20.08.2025 10/10