A.Senthil Kumar v. R.Murugaiyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025 CORAM :

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN Crl.R.C(MD).No.1158 of 2022 A.Senthil Kumar ... Petitioner/Appellant/Accused Vs.

R.Murugaiyan ... Respondent/Respondent/ Complainant PRAYER: Criminal Revision Case has been filed under Section 397 r/w. 401 Cr.P.C., to call for the records pertaining to the order passed in S.T.C.No.55 of 2013 dated 18.09.2018 on the file of the learned Judicial Magistrate Court (Fast Track Court), Pattukkottai, which was confirmed in order, dated 17.08.2022 passed in Crl.A.No.154 of 2018, on the file of the learned 3rd Additional District & Sessions Judge, Thanjavur @ Pattukottai and set aside it as illegal and acquit the petitioner from the charge.

For Petitioner : Mr.S.Senthamilselvan For Respondent : Mr.M.Mukilan 1/6

O R D E R

This Criminal Revision Case has been filed to set aside the Judgment of the passed by the 3rd Additional District & Sessions Judge, Thanjavur @ Pattukottai, Crl.A.No.154 of 2018, dated 17.08.2022 confirming the conviction and sentence passed by the Judicial Magistrate Court (Fast Track Court), Pattukkottai, in S.T.C.No.55 of 2013, dated 18.09.2018.

2. The petitioner was introduced to the complainant by one Ramachandran. Based on that, he borrowed a sum of Rs.1,50,000/- from the respondent on 05.10.2012 for digging borewell and agreed to pay the said amount within 4 months. To discharge the said debt, he issued a cheque bearing No.483441 on 13.02.2013 drawn on the bank of City Union Bank, Pattukkottai Branch. The respondent presented the cheque for collection before the Indian Bank, Pattukottai Branch on the same day itself and the same was returned with an endorsement "Payment Stopped". So, the respondent issued a legal notice on 19.02.2013 and the same was received by the petitioner on 27.02.2013. Thereafter, he sent a reply notice on 04.03.2014 with false allegations. Hence, the respondent 2/6

filed a complaint under Section 138 of Negotiable Instrument Act before the Judicial Magistrate Court (Fast Track Court), Pattukkottai. The learned Judicial Magistrate took the complaint on file in S.T.C.No.55 of 2013.

3. Thereafter, on receipt of the summons, the petitioner appeared and contested the case. The learned Trial Judge after considering the evidence of PW.1 to P.W.3 and D.W.1 and perusing the documents Ex.P1 to Ex.P10 & Ex.D.1, passed the conviction under Section 138 of Negotiable Instruments Act, to undergo 1 year Simple Imprisonment and directed to pay a compensation of Rs.1,50,000/- to the complainant, in default to undergo 3 months of Simple Imprisonment by Judgment, dated dated 18.09.2018.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in Crl.A.No.154 of 2018 on the file of the 3rd Additional District & Sessions Judge, Thanjavur @ Pattukottai. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

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5. Today, when the matter came up for hearing, both the parties and the respective learned counsel are appeared before this Court. The learned counsel for the petitioner submitted that the matter has been amicably settled before the lokadalat dated 09.12.2023. The Lok-adalat award dated 09.12.2023 is extracted hereunder:- "After due deliberations, both the parties have agreed for settlement of Rs.70,000/- (Rupees Seventy Thousand Only). The above terms of compromise are part and parcel of the award. Since the matter involved conviction, this award is ordered to be submitted to the concerned Judge for disposal of this Criminal Revision Case accordingly."

6. The contents of the above said award were read over and explained to both the parties and they would admit the same. The award passed by the lok-adalat dated 09.12.2023 is recorded.

7. Accordingly, the conviction and sentence imposed by the learned Judicial Magistrate Court (Fast Track Court), Pattukkottai, in S.T.C.No.55 of 2013 dated 18.09.2018, confirmed by the learned 3rd Additional District & Sessions Judge, Thanjavur @ Pattukottai, in 4/6

Crl.A.No.154 of 2018, dated 17.08.2022, is hereby set aside and the Criminal Revision case is allowed. The petitioner/accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged.

22.08.2025 NCC :Yes/No Index :Yes/No Internet : Yes/No dss To 1.The 3rd Additional District & Sessions Judge, Thanjavur @ Pattukottai.

2.The Judicial Magistrate Court (Fast Track Court), Pattukkottai.

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

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K.K. RAMAKRISHNAN. J., dss Crl.R.C(MD).No.1158 of 2022 22.08.2025 6/6