D.M.Subramanian v. Balasubramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.06.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD)No.581 of 2023 D.M.Subramanian ... Petitioner Vs.

Balasubramanian ... Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in connection with Crl.A.No.40 of 2022 dated 22.02.2023 by the Sessions Court, Thanjavur District confirming the order of conviction and sentence as made in S.T.C.No.251 of 2017 dated 07.06.2022 on the file of the Judicial Magistrate, Fast Track Court, Magisterial Level, Thanjavur and set aside the same as illegal and devoid of merits forthwith. For Petitioner : Mr.K.M.Subrahamaniam For Respondent : Mr.S.Vijayakumar 1/11

ORDER

This Criminal Revision Case has been filed to call for the records in connection with Crl.A.No.40 of 2022 dated 22.02.2023 by the Sessions Court, Thanjavur District confirming the order of conviction and sentence as made in S.T.C.No.251 of 2017 dated 07.06.2022 on the file of the Judicial Magistrate, Fast Track Court, Magisterial Level, Thanjavur and set aside the same as illegal and devoid of merits forthwith.

2. The petitioner borrowed a sum of Rs.4,00,000/- from the respondent on 20.10.2015 towards family medical expenses. To discharge the said liability, he issued cheque on 28.11.2015 drawn on the bank of Canara Bank, Kuravapulam Branch. The respondent presented the cheque before his Bank and the cheque was returned with an endorsement of "Insufficient Funds". Therefore, the respondent issued the legal notice on 19.12.2015. Even though the petitioner received the same on 21.12.2015, he has not sent any reply and has not made any payment. In such circumstances, the respondent filed a complaint under Section 138 Cr.P.C., before the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Thanjaur and the same was taken on file in S.T.C.No.251 of 2017.

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3. Thereafter, on receipt of the summons, the petitioner appeared and contested the case. The learned Trial Judge after following the procedure, examined the witnesses and perused the documents produced before the Court and passed the conviction under Section 138 of Negotiable Instruments Act to undergo one year Simple Imprisonment and to pay a fine amount of Rs.4,00,000/- to the respondent as compensation in default, to undergo one month Simple Imprisonment by the Judgment dated 07.06.2022.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in Crl.A.No.40 of 2022 on the file of the Sessions Court, Thanjavur District . The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

5. Today (19.06.2024), when the matter is taken up for hearing, both counsel on record would submit that they have already filed joint compromise memo, which is extracted here under :- 3/11

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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 by the Judicial Magistrate, Fast Track Court, Magisterial Level, Thanjavur in S.T.C.No.251 of 2017 dated 07.06.2022, and confirmed by Principal Sessions Court, Thanjavur District, in Criminal Appeal No.40 of 2022 dated 22.02.2023, 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.

19.06.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No tta 9/11

To 1.The Principal Sessions Court, Thanjavur District.

2.The Judicial Magistrate, Fast Track Court, Magisterial Level, Thanjavur.

3.The Section Officer, Record Section (Criminal), Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

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