Ravi @ Kesava Ramanujam v. N.Murugasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD)No.394 of 2020 Ravi @ Kesava Ramanujam .. Revision Petitioner/Appellant/ Sole Accused Vs.

1. N.Murugasamy .. 1st Respondent/1st Respondent/ Complainant

2. The State through, The Public Prosecutor, Dindigul District, Dindigul.

.. 2nd Respondent/2nd Respondent Prayer : Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for records and set aside the conviction and sentence passed in C.C.No.89 of 2017 by the learned Judicial Magistrate (Fast Track Court at Magisterial Level), Palani dated 30.10.2018 convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentencing him to undergo six months 1/10

simple imprisonment and to pay a fine amount of Rs.3000/- in case failed to pay the fine amount to undergo one month simple imprisonment u/s. 255(2) Cr.P.C. and confirmed by the learned Additional District and Sessions Judge, Palani, in Criminal Appeal No.91 of 2018 dated 10.02.2020.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.D.Venkatesh for R1 : Mr.M.Muthumanikkam, Government Advocate(Crl.Side) for R2

ORDER

This Criminal Revision Case has been filed against the Judgment dated 10.02.2020 passed by the learned Additional District and Sessions Judge, Palani, in Crl.A.No.91 of 2018 confirming the judgement dated 30.10.2018 passed by the learned Judicial Magistrate (Fast Track Court at Magisterial Level), Palani, in C.C.No.89 of 2017.

2. The petitioner borrowed a sum of Rs.5,22,500/- from the respondent on 29.12.2015. To discharge the said debt, he issued two 2/10

cheques (Rs.2,61,250/- each) dated 05.01.2017 drawn on the Karnataka Bank, P.N.Road Branch. The respondent presented the cheque before his Bank and the same was returned on 02.02.2017 with an endorsement of "Insufficient Funds". Thereafter, the respondent issued the legal notice on 27.02.2017. The petitioner received the notice on 06.03.2017 and he did not make any payment. In such circumstances, the respondent filed a complaint under Section 138 of the Negotiable Instruments Act, before the learned Judicial Magistrate, (Fast Track Court at Magisterial Level), Palani. The learned Judicial Magistrate taken the complaint on file in C.C.No.89 of 2017.

3. Thereafter, on receipt of the summons, the petitioner appeared before the trial Court and contested the case. The learned Trial Judge after following the procedure, examined PW.1 & PW.2, D.W.1 & D.W2 and perused the documents Ex.P1 to Ex.P6 and Ex.D1 to Ex.D6, passed the conviction under Section 138 of Negotiable Instruments Act and sentenced him to undergo six months Simple Imprisonment and also directed to pay compensation of Rs.3,000/- (Rupees Three Thousand only), in default, to undergo further one month simple imprisonment, 3/10

vide Judgment dated 30.10.2018.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in Crl.A.No.91 of 2018 on the file of the learned Additional District and Sessions Judge, Palani. The learned Sessions Judge also confirmed the same by order dated 10.02.2020. Hence, the petitioner preferred this revision before this Court.

5. Heard the learned counsel appearing on either side.

6. Today, when the matter is taken up for hearing, both side counsel on record would submit that they have already filed joint compromise memo, which is extracted here under:- 4/10

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7.The contents of the above 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.

8. In view of the compromise entered between the parties, the offence under Section 138 of Negotiable Instruments Act stands 7/10

compounded under Section 147 of the Negotiable Instruments Act.

9. Accordingly, the conviction and sentence imposed by the learned Judicial Magistrate (Fast Track Court at Magisterial Leveli), Palani, in C.C.No.89 of 2017 dated 30.10.2018 and confirmed by the learned Additional District and Sessions Judge, Palani in Crl.A.No.91 of 2018, dated 10.02.2020, is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against him. The fine amount shall be refunded to the revision petitioner/accused. Bail bond if any, executed by the revision petitioner/accused shall stand discharged.

13.12.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No PJL To

1. The Additional District and Sessions Judge, Palani.

2. The Judicial Magistrate, (Fast Track Court at Magisterial Level) , Palani.

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

4. The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

PJL Crl.R.C(MD)No.394 of 2020 13.12.2023 10/10