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Madras High CourtCRL RC(MD)/985/2023allowed

Mujibur Rahman v. N.T.Sukumaran

2024-04-26Honourable Mr Justice K.K. Ramakrishnan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C.(MD).No.985 of 2023 and Crl.M.P.(MD).No.13394 of 2023 M.Mujibur Rahman ... Petitioner /Appellant/ Accused Vs.

N.T.Sukumaran ... Respondent/Respondent/ Complainant PRAYER : Criminal Revision Petition filed under Section 397 and 401 of Criminal Procedure Code, to call for the records and set aside the judgment made in C.A.No.34 of 2017 by the Additional District and Sessions Court, Palani dated 03.08.2018 confirming the judgment of conviction and sentence made in C.C.No.72 of 2015 by the Fast Track Court (Magisterial Level), Palani, dated 12.01.2017.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.C.Gangai Amaran 1/8

ORDER

This Criminal Revision Case has been filed to set aside the judgment made in C.A.No.34 of 2017 by the Additional District and Sessions Court, Palani dated 03.08.2018 confirming the judgment of conviction and sentence made in C.C.No.72 of 2015 by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Palani, dated 12.01.2017.

2. The petitioner borrowed a sum of Rs.5,00,000/- from the respondent on 14.03.2015. To discharge the said debt, he issued a cheque dated 10.06.2015 drawn on the bank of IDBI Bank, Palani Branch. The respondent presented the cheque before the Bank on the above date itself and the said cheque was returned with an endorsement of "Insufficient Funds". Therefore, the respondent issued the legal notice on 16.06.2015. Even though the petitioner received the same on 17.06.2015, he neither sent any reply nor made payment. In such circumstances, the respondent filed a complaint under Section 138 r/w. 142 of Cr.P.C., before the learned Judicial Magistrate, Fast Track Court, Palani. The learned Judicial Magistrate taken the complaint on file in C.C.No.72 of 2015. 2/8

3. Thereafter, on receipt of the summons, the petitioner appeared and contested the case. The learned trial Judge after following the procedure, examined P.W.1 & D.W.1 to D.W.3 and perused the documents Ex.P.1 to Ex.P.5 and passed the conviction under Section 138 of Negotiable Instruments Act to undergo 6 months Simple Imprisonment and to pay a fine amount of Rs.5,00,000/- to the respondent as compensation within a period of two months thereafter, in default, to undergo 2 months Simple Imprisonment by the Judgment dated 12.01.2017.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in C.A.No.34 of 2017 on the file of the Additional District and Sessions Court, Palani. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

5. Today, the parties are present before this Court and stated that compromise was reached between them and hence, the respondent received Rs.5,00,000/- from the petitioner. Further, an affidavit has been filed by the respondent stating that he has received the entire cheque amount (i.e) Rs.5,00,000/- from the petitioner and hence, he agreed to compound the case as 3/8

against the petitioner. The said affidavit is extracted here under:- 4/8

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7. In view of the compromise reached between the parties, the offence under Sections 138 r/w. 142 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act.

8. Accordingly, the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Palani, in C.C.No.72 of 2015, dated 12.01.2017 and confirmed by Additional District and Sessions Court, Palani, in Criminal Appeal No.34 of 2017, dated 03.08.2018, is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from 6/8

the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged. Consequently, connected Miscellaneous Petition is closed. 26.04.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No Indu To 1.The Additional District and Sessions Court, Palani.

2.The learned Judicial Magistrate, Fast Track Court (Magisterial Level), Palani.

3.The Section Officer, Record Section (Criminal), Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

Indu Crl.R.C(MD)No.985 of 2023 26.04.2024 8/8