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Madras High CourtCRL RC(MD)/617/2025disposed of

A.Arockiyasamy v. D.Ramesh

2025-07-01Honourable Mrs Justice L.Victoria Gowri9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Arockiyasamy ... Petitioner Vs.

D.Ramesh ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the S.T.C.No.198 of 2021 on the file of the Judicial Magistrate (Fast Track), Thanjavur, dated 27.06.2023 and as confirmed in Crl.A.No.290 of 2023 on the file of the learned II Additional District and Sessions Judge, Thanjavur, dated 19.09.2024 and set aside the same as illegal. For Petitioner : Mr.M.Karunanithi For Respondent : Mr.M.Vasanthan

ORDER

This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.290 of 2023 on the file of the learned II Additional District Sessions Judge, Thanjavur, dated 19.09.2024, confirming the conviction and sentence imposed by the judgment dated 27.06.2023 in S.T.C.No. 1/9

198 of 2021 on the file of the learned Judicial Magistrate (Fast Track) Court, Thanjavur District and acquit the accused.

2. The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.1,00,000/- and Rs.60,000/- totally a sum of Rs.1,60,000/- from the respondent. The petitioner issued a cheque for an amount of Rs.1,60,000/- on 11.10.2021 dated 12.10.2021 in Cheque No. 796166. When the respondent has presented the cheque for collection, the same was returned with reason "Exceed Arrangement" on 16.10.2021, that the respondent has sent legal notice on 20.10.2021 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 27.10.2021. Despite receiving the same, the petitioner neither replied to the notice nor repaid the amount. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act against the petitioner.

3. The complaint was taken on file by the learned Judicial Magistrate (Fast Track) Court, Thanjavur, as S.T.C.No.198 of 2021. The learned Trial Court convicted the petitioner on 27.06.2023, for the 2/9

offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo Simple Imprisonment for one year and to pay a sum of Rs.1,06,000/- as compensation within a period of one month, 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.290 of 2023 on the file of the II Additional District and Sessions Court, Thanjavur and the learned II Additional District and Sessions Court, Thanjavur, 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 along with the above miscellaneous petition seeking suspension of sentence.

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:- 3/9

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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.

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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.

9. Accordingly, the Joint Compromise Memo dated 30.06.2025, is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 30.06.2025. The conviction and sentence imposed upon the petitioner vide judgment dated 19.09.2024, in Crl.A.No.290 of 2023 on the file of the learned II Additional District and Sessions Judge, Thanjavur, confirming the conviction and sentence imposed by the judgment dated 27.06.2023 in S.T.C.No.198 of 2021 on the file of the learned Judicial Magistrate (Fast Track), Thanjavur, (2022) 14 SCC 531 7/9

District, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act.

01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg gbg To 1.The II Additional District and Sessions Judge, Thanjavur.

2.The Judicial Magistrate (Fast Track), Thanjavur.

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: 01.07.2025 9/9