I.Vethakkan Pious v. A.K.Tayala Kannan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.07.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)No.3449 of 2024 I.Vethakkan Pious ... Petitioner/Appellant/Accused Vs.
A.K.Tayala Kannan ... Respondent/Respondent/Complainant PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the Judgment dated 15.03.2023 made in Crl.A.No.11 of 2021 on the file of the Principal Sessions Judge, Thoothukudi confirming the Judgment dated 11.02.2020 made in S.T.C.No.622 of 2016 on the file of the Judicial Magistrate Court, Saathankulam against the above petitioner and set aside the same.
For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.B.N.Raja Mohamed * * * * * 1/13
ORDER
This Criminal Revision Case has been filed set aside the Judgment dated 15.03.2023 made in Crl.A.No.11 of 2021 on the file of the Principal Sessions Judge, Thoothukudi confirming the Judgment dated 11.02.2020 made in S.T.C.No.622 of 2016 on the file of the Judicial Magistrate Court, Saathankulam against the petitioner.
2. The case of the prosecution is that the petitioner and the complainant were close friends for the past two years. On 13.03.2015, the petitioner came to the complainant's house and asked a hand loan of Rs.7,00,000/- for his business needs and to purchase some property and on the promise to repay the loan amount on 13.03.2016, the petitioner received the loan amount of Rs.7,00,000/-. Thereafter, the petitioner failed to repay the loan amount as promised by him, the complainant had contacted the accused over phone on 13.03.2016 and demanded the money. On 19.03.2016 the petitioner came to the complainant's house and issued a cheque drawn on Indian Overseas Bank, Valliyoor branch bearing No. 240405 for a sum of Rs.7,00,000/-. The cheque was presented for collection by the complainant through his Bank, namely, Pandian Grama Bank, Thatttarmadam 2/13
on 19.03.2016 and the same was returned for the reason "funds insufficient" and the return memo was received by the complainant on 23.03.2016. On 19.04.2016, the petitioner came to the complainant's house and requested to redeposit the cheque. The complainant has re-deposited the cheque on 20.04.2016 and the said cheque was again dishonoured for the reason "funds insufficient" and the return memo was received by the complainant 25.04.2016. Hence, on 13.05.2016 the complainant had sent a legal notice and the petitioner sent a reply notice on 10.06.2016 with false averments but accepted the signature found in the cheque issued by him. Hence, the complainant has filed a complaint against the accused under section 138 of Negotiable Instrument Act, 1881.
3. Thereafter, on receipt of the summons, the petitioner appeared and contested the case. The learned Trial Judge after following the procedure, examined P.W.1 and P.W.2 and marked the documents Ex.P.1 to Ex.P.14 on the side of the complainant and 3 witnesses were examined and 4 documents were marked on the side of the accused and passed the conviction under Section 138 of Negotiable Instruments Act to undergo 9 months Simple Imprisonment and to pay a fine amount of Rs.7,00,000/- as compensation to the complainant within two months, in default, to undergo 6 months Simple Imprisonment by the 3/13
Judgment dated 11.02.2020.
4. Aggrieved over the same, the petitioner filed the Criminal Appeal in C.A.No.11 of 2021 on the file of the learned Principal Sessions Judge, Thoothukudi. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.
5. Today, when the matter is taken up for hearing, both counsel on record would submit that they have already filed joint memo of compromise, which is extracted here under:- 4/13
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6.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. 7.In view of the compromise entered between the parties, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act.
8. Accordingly, the conviction and sentence imposed in Crl.A.No.11 of 2021 on the file of the learned Principal Sessions Judge, Thoothukudi dated 15.03.2023 confirming the Judgment passed in S.T.C.No.622 of 2016 dated 11.02.2020 on the file of the learned Judicial Magistrate, Saathankulam is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged. Consequently, connected miscellaneous petition is closed. 26.07.2024 NCC : Yes/No Index : Yes/No RJR 11/13
To 1.The learned Principal Sessions Judge, Thoothukudi. 2.The learned Judicial Magistrate, Saathankulam. 3)The Section Officer, Record Section (Criminal), Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
RJR and Crl.M.P(MD)No.3449 of 2024 26.07.2024 13/13