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Madras High CourtCRL RC(MD)/849/2025disposed of

N. Vijayaraj v. K. Subburam

2025-07-10Honourable Mrs Justice L.Victoria Gowri8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Vijayaraj ... Petitioner -vsK.Subburam ... Respondent PRAYER : Criminal Review Case filed under 438 r/w. 442 of BNSS, 2023, to call for the entire records and set aside the order passed in Cr.M.P.No. 2592 of 2024 in Crl.A.No.Nil of 2024 on the file of the learned Principal District and Sessions Judge, Dindigul District, dated 03.12.2024. For Petitioner : Mr.K.Samidurai For Respondent : Mr.A.Nallathambi Raj

ORDER

This Criminal Revision Case has been filed, challenging the order in Cr.M.P.No.2592 of 2024 in Crl.A.No.Nil of 2024 on the file of the learned Principal District and Sessions Judge, Dindigul, dated 03.12.2024. 2.The case of the prosecution is as follows:- The defacto complainant and the accused are friends. The petitioner approached the defacto complainant on 10.02.2019 and she asked for

hand loan for Rs.5,00,000/- and on the day itself, the petitioner issued a cheque dated 10.02.2019, of her bank, namely State Bank of India, Balasamudram Branch, in favour of the defacto complainant. The defacto complainant presented the cheque on 28.02.2019, for collection in the Canara Bank, Keeranur Branch and it was dishonored on 05.03.2019 as 'funds insufficient'. Hence, the defacto complainant issued the statutory notice dated 18.03.2019 to the petitioner and the same returned with an endorsement 'unclaimed' on 26.03.2019. The petitioner received the said notice on 19.03.2019 in the office address. Once again, the defacto complainant had sent demand notice on 16.05.2019 through his counsel to the residential address and office address of the accused.

However, the notice sent to the residential address had returned with the endorsement 'refused'. The petitioner had neither issued reply nor returned the loan amount. Therefore, the petitioner has to be punished for the offence under Section 138 of Negotiable Instrument Act and the complaint has been filed. 3.The complaint was taken on file by the learned Judicial Magistrate, Fast Track Court, At Magisterial Level, Palani, as C.C.No.198 of 2019. The learned Trial Court convicted the petitioner on 31.05.2023, for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for six months and to pay a sum of Rs.

Judicial Magistrate, Fast Track Court, At Magisterial Level, Palani. 4.The learned Principal District Sessions Judge, Dindigul, dismissed the Petition in Cr.M.P.No.2592 of 2024, which was filed to condone the delay of 433 days in filing of the Criminal Appeal in Criminal Appeal No.Nil of 2024, dated 03.12.2024. Challenging the same, the present Criminal Revision Case has been filed before this Court. 5.The learned counsel appearing for the petitioner submitted that the both the parties have appeared before this Court in person and both of them have entered into compromise and filed an affidavit of complainant to compound the offence. The scanned copy of the joint compromise memo is as follows:-

6.The learned counsel appearing for the respondent also confirms the fact that the compromise have been entered into between the parties. 7.Heard both sides and carefully perused the materials available on record.

8.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 non-compoundable offences, if the parties have entered into a compromise and the dispute is private in nature.

9.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. 10.Accordingly, an affidavit of complainant dated 09.07.2025, is taken on file. The Criminal Revision Case is allowed in terms of an affidavit of complainant dated 09.07.2025. The order passed in Cr.M.P.No.2592 of 2024 in Crl.A.Nil of 2024 dated 03.12.2024, on the file of the Principal (2022) 14 SCC 531

Sessions Judge, Dindigul, confirming the conviction and sentence imposed upon the petitioner vide judgment dated 31.05.2023 in C.C.No.198 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court, At Magisterial Level, Palani, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. No Costs. 10.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes Mrn Note : Issue order copy on 10.07.2025.

To 1.The Principal Sessions Judge, Dindigul.

2.The Judicial Magistrate, Fast Track Court, At Magisterial Level, Palani.

L.VICTORIA GOWRI , J.

Mrn 10.07.2025