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Madras High CourtCRL RC(MD)/840/2025disposed of

Thangapandian v. P.Selvam

2025-08-19Honourable Mrs Justice L.Victoria Gowri9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and CRL MP(MD)Nos.8935 and 8937 of 2025 Thangapandian ... Petitioner / Appellant / Accused Vs.

P.Selvam ... Respondent / Respondent / Complainant PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the entire records relating to the judgment of the III Additional District and Sessions Judge, Trichirappalli, dated 27.04.2023, passed in C.A.No.13 of 2020, confirmed the conviction and sentence passed by the learned Judicial Magistrate, Manapparai, in S.T.C.No.610 of 2018, dated 13.01.2020 and set aside the same by allowing the present Criminal Revision petition and acquit the petitioner / accused.

For Petitioner : Mr.P.Sivachandran For Respondent : Mr.R.Sakthivel 1/9

ORDER

This Criminal Revision Case has been filed to call for the entire records relating to the judgment of the III Additional District and Sessions Judge, Trichirappalli, dated 27.04.2023, passed in C.A.No.13 of 2020, confirmed the conviction and sentence passed by the learned Judicial Magistrate, Manapparai, in S.T.C.No.610 of 2018, dated 13.01.2020 and set aside the same by allowing the present Criminal Revision petition and acquit the petitioner / accused.

2. The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.1,50,000/- from the respondent as hand loan for his business purposes on promising to repay the same in a month. Even after lapse of agreed period, the petitioner did not repay the same and after repeated request, on 05.07.2018, the petitioner issued a cheque bearing No.8672228 drawn on State Bank of India, Palanichettipatti Branch, Theni Taluk, for the said sum of Rs. 1,00,000/-. When the respondent has presented the cheque for collection, the same was returned with reason "Funds insufficient" on 12.07.2018. Thereafter, the accused requested the complainant to present the cheque after six weeks and assured to honour it. After that the respondent presented the said cheque again on 30.08.2018, 2/9

however, the same was returned on that day with reason "Funds insufficient". Hence, the respondent issued a legal notice to the accused on 08.09.2018 and the same was received by the petitioner on 11.09.2018. 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, 1881, against the petitioner.

3. The complaint was taken on file by the learned Judicial Magistrate, Manapparai, as S.T.C.No.610 of 2018. The learned Trial Court convicted the petitioner on 13.01.2020, for the offence under Section 138 of Negotiable Instruments Act, 1881, and sentenced him to undergo simple imprisonment for a period of 12 months and to pay a sum of Rs.1,00,000/- as compensation, in default to undergo simple imprisonment for three months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in C.A.No.13 of 2020 on the file of the III Additional District and Sessions Judge, Trichirappalli, and the III Additional District and Sessions Judge, Trichirappalli, by confirming the conviction and sentence, dismissed the appeal, dated 27.04.2023. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case along with 3/9

the above miscellaneous petition seeking suspension of sentence.

4. The matter was referred to mediation on 10.07.2025. Both the parties appeared before the Mediation. The Mediation was conducted on 16.07.2025 to 30.07.2025 and the parties have entered into a settlement agreement. The scanned copy of the settlement agreement is as follows:- 4/9

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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, 1881, 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 settlement agreement dated 30.07.2025, is taken on file. The Criminal Revision Case is allowed in terms of the settlement agreement dated 30.07.2025. The conviction and sentence imposed upon the petitioner vide order dated dated 27.04.2023, passed (2022) 14 SCC 531 7/9

in C.A.No.13 of 2020 on the file of the III Additional District and Sessions Judge, Trichirappalli, confirming the conviction and sentence imposed by the judgment dated 13.01.2020 in in S.T.C.No.610 of 2018 on the file of the learned Judicial Magistrate, Manapparai, is set aside, and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act, 1881. No costs. Consequently, connected miscellaneous petitions are closed.

19.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Judicial Magistrate, Manapparai.

2.The III Additional District and Sessions Judge, Trichirappalli.

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L.VICTORIA GOWRI, J., Sml 19.08.2025 9/9