Krishnan v. Trichy Sri Vekaliyamman Finance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.505 of 2023 and Crl.M.P.(MD)Nos.7381, 7382 and 7817 of 2023 Krishnan

...Petitioner/Appellant/

Accused Vs.

Trichy Sri Vekaliyamman Finance represented by its Managing Partner K.Sivasubramanian ... Respondent/Respondent/ Complainant Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C., to set aside the order passed in Crl.A.No.93 of 2018 dated 30.01.2020 on the file of the learned IIIrd Additional District and Sessions Judge, Tiruchirapalli confirming the judgment and conviction passed in C.C.No.141 of 2017 dated 26.06.2018 on the file of the learned Judicial Magistrate No.1, Tiruchirapalli whereby the petitioner has been convicted to undergo simple imprisonment for one year and to pay a compensation amount of Rs.3,81,500/- to the respondent/complainant for the offence under Section 138 of NI Act.

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For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.P.Vinoth

ORDER

The Criminal Revision is directed against the Judgment of conviction and sentence passed in Crl.A.No.93 of 2018 dated 30.01.2020 on the file of the III Additional District and Sessions Court, Tiruchirapalli confirming the Judgment of conviction and sentence, dated 26.06.2018 passed in C.C.No.141 of 2017 on the file of the Court of the Judicial Magistrate No.1, Tiruchirapalli

2. It is evident from the records that this Court, while condoning the delay in filing the revision in Crl.M.P.(MD)No.10273 of 2022, considering the submissions made by the learned counsel appearing for the petitioner and the respondent that the matter has already been settled between the parties, directed the petitioner to deposit 5% of the agreed amount before the High Court Legal Service Authority attached to this Bench on or before 29.03.2023. In pursuance of the same, the petitioner has deposited 5% of the agreed amount of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) before the High Court Legal Services Committee. 2/4

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner has also filed a petition under Section 320 Cr.P.C. r/w 147 of Negotiable Instruments Act, wherein, it has been stated that as agreed by both the parties, the petitioner has paid the cheque amount of Rs.1,90,750/- (Rupees One Lakh Ninety Thousand Seven Hundred and Fifty only) to the respondent.

5. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of Negotiable Instruments Act. Hence, the Criminal Revision is allowed and the judgments of the trial Court and the Appellate Court are set aside and the petitioner/accused is acquitted from the charges levelled against him. Consequently, Crl.M.P.(MD)No.7817 of 2023 is ordered and Crl.M.P. (MD)Nos.7381 and 7382 are closed.

05.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm 3/4

K.MURALI SHANKAR, J.

csm ORDER MADE IN Crl.R.C.(MD)No.505 of 2023 and Crl.M.P.(MD)Nos.7381, 7382 and 7817 of 2023 Dated : 05.06.2023 4/4