S.Saravanan v. A.R.Sakthivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.R.C(MD)Nos.5902 & 5903 of 2021 S.Saravanan ... Petitioner/Appellant/ Accused Vs.

A.R.Sakthivel ... Respondent/Respondent/ Complainant PRAYER : Criminal Revision Case filed under Section 397 r/w 401 B.N.S.S., to call for records pertaining to the order dated 03/02/2021 in C.A.No.21 of 2019 on the file of the Additional District and Sessions Judge, Dindigul Which was confirmed by the judgment in C.C.No.88 of 2013 on the file of District Munsif cum Judicial Magistrate, Natham, Dindigul District, dated 03.01.2019, set aside the same and allow this revision petition.

For Petitioner : Mr.F.Deepak For Respondent : Mr.R.Thangapandian 1/7

ORDER

This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.21 of 2019 on the file of the learned Additional District and Sessions Judge, Dindigul, dated 03.02.2021, confirming the judgment dated 03.01.2019 in C.C.No.88 of 2013 on the file of the learned District Munsif cum Judicial Magistrate, Natham, Dindigul District and acquit the accused.

2. The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.1,30,000/- from the respondent in the month of April 2013 and he had issued a cheque, dated 25.06.2013 for an amount of Rs.1,30,000/-. When the respondent has presented the cheque for collection on 12.08.2013, the same was returned with reason "Insufficient fund" on 14.08.2013. Hence, the respondent has sent legal notice on 24.08.2013 to the petitioner demanding repayment of the amount covered by the cheque and on receipt of the said notice, on 26.08.2013, the petitioner gave a false reply. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act, 1881 against the petitioner. 2/7

3. The complaint was taken on file by the learned District Munsif cum Judicial Magistrate, Natham, as C.C.No.88 of 2013. The learned Trial Court convicted the petitioner on 03.01.2019, for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for six months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.21 of 2019 on the file of the Additional District and Sessions Judge, Dindigul and the Additional District and Sessions Judge, Dindigul, 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 matter was referred to the National Lok Adalat before the High Court Legal Services Committee, Madurai and came before the National Lok Adalat on 14.06.2025 and the same has been settled wherein the revision petitioner had paid an amount of Rs.1,30,000/- to the respondent. The scanned copy of the award of the National Lok Adalat is as follows:- 3/7

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

6. 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.

7. 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.

8. Accordingly, the award of National Lok Adalat dated 14.06.2025, is taken on file. The Criminal Revision Case is allowed. The conviction and sentence imposed upon the petitioner vide judgment dated 03.02.2021 in Crl.A.No.21 of 2019 on the file of the Additional District and Sessions Judge, Dindigul, confirming the judgment in (2022) 14 SCC 531 5/7

C.C.No.88 of 2013 on the file of District Munsif cum Judicial Magistrate, Natham, Dindigul District, dated 03.01.2019, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. Consequently, connected Miscellaneous Petitions are closed.

21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg gbg To 1.The Additional District and Sessions Judge, Dindigul.

2.The District Munsif cum Judicial Magistrate, Natham, 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: 21.07.2025 7/7