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Madras High CourtCRL RC(MD)/707/2020disposed of

S.Annakili v. Barani

2025-07-01Honourable Mrs Justice L.Victoria Gowri12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.707 & 708 of 2020 Crl.R.C(MD)No.707 of 2020:

S.Annakili ... Petitioner/Petitioner Vs.

Barani ... Respondent/Respondent PRAYER : Criminal Revision Case filed under Section 397 & 401 of Cr.P.C., to call for the records and set aside the order passed by the Additional District and Sessions Judge (Fast Track Court), Kumbakonam in C.A.No.56 of 2019, dated 03.09.2020 by confirming the conviction and sentence passed by learned Judicial Magistrate No.2, Kumbakonam in S.T.C.No.1878 of 2012, dated 20.04.2019.

Crl.R.C(MD)No.708 of 2020:

R.Saravanan ... Petitioner/Petitioner Vs.

V.Govindarasan ... Respondent/Respondent PRAYER : Criminal Revision Case filed under Section 397 & 401 of Cr.P.C., to call for the records and set aside the order passed by the Additional District and Sessions Judge (Fast Track Court), Kumbakonam 1/12

in C.A.No.57 of 2019, dated 09.10.2020 by confirming the conviction and sentence passed by learned Judicial Magistrate No.2, Kumbakonam in S.T.C.No.1784 of 2012, dated 20.04.2019.

In both cases:

For Petitioners : Mr.T.R.Subramanian For Respondents : Mr.A.Senthilkumar COMMON ORDER Crl.R.C(MD)No.707 of 2020 has been filed, assailing the judgment in Crl.A.No.56 of 2019 on the file of the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam, dated 03.09.2020, confirming the conviction and sentence imposed by the judgment dated 20.04.2019 in S.T.C.No.1878 of 2012 on the file of the learned Judicial Magistrate No.2, Kumbakonam.

2. Crl.R.C(MD)No.708 of 2020 has been filed, assailing the judgment in Crl.A.No.57 of 2019 on the file of the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam, dated 09.10.2020, confirming the conviction and sentence imposed by the judgment dated 20.04.2019 in S.T.C.No.1784 of 2012 on the file of the learned Judicial Magistrate No.2, Kumbakonam. 2/12

3. Case of the prosecution in Crl.R.C(MD)No.707 of 2020: (a) The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.4,00,000/- on 08.01.2012 agreeing to pay the same within a period of two months and on the same day, the petitioner had executed an pronote to the respondent. The petitioner issued cheque to the respondent on 03.03.2012 bearing cheque no.872120, dated 05.03.2012 for an amount of Rs.4,00,000/-. When the respondent has presented the cheque for collection on 08.03.2012, the same was returned with reason "Insufficient funds" on 09.03.2012, that the respondent has sent legal notice on 26.03.2012 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 28.03.2012.

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. (b) The complaint was taken on file by the learned Judicial Magistrate No.2, Kumbakonam as S.T.C.No.1878 of 2012. The learned Trial Court convicted the petitioner on 20.04.

simple imprisonment for 2 years and to pay a sum of Rs.4,00,000/- as compensation, in default to undergo simple imprisonment for 6 months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in C.A.No.56 of 2019 on the file of the Additional District and Sessions Judge (Fast Track Court), Kumbakonam and the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam, 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. Case of the prosecution in Crl.R.C(MD)No.708 of 2020: (a) The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.6,00,000/- on 29.12.2011 agreeing to pay the same within a period of two months and on the same day, the petitioner had executed a pronote to the respondent. The petitioner issued two cheques to the respondent on 01.03.2012 bearing cheque nos.217287 and 217288, dated 05.03.2012 each for an amount of Rs.3,00,000/-. When the respondent presented the cheques for collection on 08.03.2012, the same were returned with reason "Insufficient funds" on 09.03.2012. The respondent has sent legal notice on 26.03.2012 to the petitioner 4/12

demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 28.03.2012. 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. (b) The complaint was taken on file by the learned Judicial Magistrate No.2, Kumbakonam as S.T.C.No.1784 of 2012. The learned Trial Court convicted the petitioner on 20.04.2019, for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for 2 years and to pay a sum of Rs.6,00,000/- as compensation, in default to undergo simple imprisonment for 6 months.

Challenging the above said conviction and sentence, the petitioner has filed an appeal in C.A.No.57 of 2019 on the file of the Additional District and Sessions Judge (Fast Track Court), Kumbakonam and the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam, 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.

5. The learned counsel appearing for the petitioners 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:- 6/12

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5. The learned counsel appearing for the respondents also confirm 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 petitioners are 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 01.07.2025, is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 01.07.2025. The conviction and sentence imposed upon the petitioner vide judgments dated 03.09.2020 and 09.10.2020, in Crl.A.Nos.56 & 57 of 2019 on the file of the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam confirming the conviction and sentence imposed by the judgment dated (2022) 14 SCC 531 10/12

20.04.2019 in S.T.C.Nos.1378 of 2012 & 1784 of 2012 on the file of the learned Judicial Magistrate No.2, Kumbakonam 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 Additional District and Sessions Judge (Fast Track Court), Kumbakonam 2.The Judicial Magistrate No.2, Kumbakonam.

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 12/12