S.Madan v. T.Dhanam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD)No.279 of 2022 S.Madan ... Revision Petitioner/Appellant/ Accused Vs.

T.Dhanam ... Respondent/Respondent/ Complainant PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the judgment passed by the Sessions Judge Mahila Court, Tiruchirappalli, in Crl.A.No.5 of 2020 dated 14.09.2021 confirming the judgment of conviction and sentence of 6 months Simple Imprisonment and fine of Rs.5,000/- in default one month Simple Imprisonment passed by the learned Judicial Magistrate No.IV, Tiruchirappalli, in STC.No. 1319 of 2013 dated 20.12.2019 and set aside the same by allowing this Criminal Revision Petition.

For Petitioner : Mr.R.S.Sivaram For Respondent : Party in person.

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ORDER

This Criminal Revision Case has been filed against the Judgment dated dated 14.09.2021 passed by the Sessions Judge Mahila Court, Tiruchirappalli, in Crl.A.No.5 of 2020 confirming the judgement dated 20.12.2019 passed by the learned Judicial Magistrate No.IV, Tiruchirappalli, in STC.No.1319 of 2013.

2. The petitioner borrowed a sum of Rs.12,00,000/- from the respondent on various occasions. To discharge the said debt, he issued a cheque bearing No. 065522, dated 24.06.2013 drawn on the ICICI bank, Thillainagar Branch. The respondent presented the cheque before his Bank and the same was returned on 24.06.2013 with an endorsement of "Payment Stopped by Drawer". So, the respondent issued the legal notice on 26.07.2013. The petitioner received the notice on 31.07.2013 and he did not make any payment. In such circumstances, the respondent filed a complaint under Section 138 of the Negotiable Instruments Act, before the learned Judicial Magistrate No.IV, Tiruchirappalli. The learned Judicial Magistrate taken the complaint on file in in STC.No.1319 of 2013.

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3. Thereafter, on receipt of the summons, the petitioner appeared before the trial Court and contested the case. The learned Trial Judge after following the procedure, examined PW.1 & PW.2 and D.W.1 and perused the documents Ex.A1 to Ex.A7 and passed the conviction under Section 138 of Negotiable Instruments Act, and sentenced him to undergo six months Simple Imprisonment and also directed to pay fine of Rs.5,000/- (Rupees Five Thousand only) in default, to undergo one month Simple Imprisonment vide Judgment dated 20.12.2019.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in Crl.A.No.5 of 2020 on the file of the Sessions Judge Mahila Court, Tiruchirappalli. The learned Sessions Judge also confirmed the same by order dated 14.09.2021. Hence, the petitioner preferred this revision before this Court.

5. Heard the learned counsel appearing for the petitioner and the respondent, who is appeared party in person.

6. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner and the respondent, who is appeared party in person 3/8

submitted that the matter is now compromised. They have appeared before the Natioanl Lok Adalat Award held on 08.07.2023 and filed the following joint compromise memo:- 4/8

7. On the basis of the above compromise, the National LoK Adalat Award dated 08.07.2023 has passed the following order:- 5/8

8. Considering the fact that the petitioner and the respondent appeared before the National Lok Adalat Award and arrived the compromise on the basis of the compromise memo stated above.

9. In view of the above award, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the lower Appellate Court are set aside and the accused is acquitted from the charges levelled against him. Consequently, connected miscellaneous petition is closed. 17.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss Note : Issue order copy on 18.08.2023 6/8

To

1. The Sessions Judge Mahila Court, Tiruchirappalli, 2.The Judicial Magistrate No.IV, Tiruchirappalli.

3. The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

dss Crl.R.C(MD)No.279 of 2022 17.08.2023 8/8