Madras High CourtCRL RC(MD)/390/2025disposed of

Manickam v. Selvam

2025-04-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.390 of 2025 and Crl.M.P.(MD)No.6319 of 2025 Manickam ... Petitioner/Appellant/Accused Vs.

Selvam ... Respondent/Respondent/Complainant Prayer : This Criminal Revision has been filed under Section 438 r/w 442 of BNSS, to call for the records of the judgment dated 30.01.2025 passed in C.A.No.178 of 2024 on the file of the learned Additional District and Sessions Judge (FTC) Kumbakoam, confirming the conviction and sentence imposed by the learned District Munsif cum Judicial Magistrate, Papanasam in S.T.C.No.368 of 2021, dated 14.08.2024.

For Petitioner : Mr.C.Susi Kumar For Respondent : Mr.V.Balasubramanian

O R D E R

The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.178 of 2024, dated 30.01.2025 on the file of the learned Additional District and Sessions Judge (FTC) Kumbakoam, 1/4

confirming the Judgment of conviction and sentence imposed by the learned District Munsif cum Judicial Magistrate, Papanasam in S.T.C.No.368 of 2021, dated 14.08.2024.

2. When the matter was taken up for hearing on 25.04.2025, 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 ( 29.04.2025), 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.20,000/-) 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 the petitioner has paid the entire amount and the issue has been settled amicably out of the Court with the help of family members and friends.

4. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable 2/4

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) No.6319 of 2025, is ordered. 29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Additional District and Sessions Judge (FTC) Kumbakoam.

2.The District Munsif cum Judicial Magistrate, Papanasam.

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

3/4

K.MURALI SHANKAR, J.

das Order made in Crl.R.C.(MD)No.390 of 2025 and Crl.M.P.(MD)No.6319 of 2025 29.04.2025 4/4