Sheik Mohamed v. Rajesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.09.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD)No.256 of 2023 Sheik Mohamed ... Petitioner/Appellant/Accused Vs.

Rajesh ... 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 pertaining to the judgment dated 17.08.2022 in Criminal Appeal No.2 of 2021 on the file of learned Principal District Judge, Karur, preferred against the Judgment dated 31.12.2020 in STC.No.105 of 2019 on the file of the learned District Munsif-Cum-Judicial Magistrate, Aravakurichi and set aside the both judgments by allowing this Revision. For Petitioner : Mr.R.Narayanan For Respondent : Mr.R.Mathiyalagan 1/8

ORDER

This Criminal Revision Case has been filed to set aside the Judgment of the Appellate Court passed by the learned Principal District Judge, Karur, in Criminal Appeal No.2 of 2021 dated 17.08.2022, confirming the judgment in STC.No.105 of 2019 dated 31.12.2020, on the file of the learned District Munsif-Cum-Judicial Magistrate, Aravakurichi.

2. The petitioner borrowed a sum of Rs.5,00,000/- from the respondent on 17.04.2016. To discharge the said debt, he issued two cheques on various dates i.e., on 17.11.2016 and 07.12.2016 drawn on the bank of State Bank of India, Navalpattu Branch. The respondent presented the cheque before his Bank on the above dates itself and one cheque was returned with an endorsement of "Insufficient Funds" and another cheque was dishonoured. Therefore, the respondent issued the legal notice on 15.12.2016. Even though the petitioner received the same on 15.12.2016, he has not sent any reply and has not made any payment. In such circumstances, the respondent filed a complaint under Section 138 Cr.P.C., before the learned District Munsif-Cum-Judicial Magistrate, Aravakurichi. The learned Judicial Magistrate taken the complaint on file in STC.No.105 of 2019.

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 and perused the documents Ex.P.1 to Ex.P.5 & Ex.Y1 to Ex.Y3 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 in default, to undergo 2 months Simple Imprisonment by the Judgment dated 31.12.2020.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in C.A.No.2 of 2021 on the file of the learned Principal District Judge, Karur. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

5. Today (08.09.2023), when the matter is taken up for hearing, both counsel on record would submit that they have already filed joint compromise memo, which is extracted here under:- 3/8

4/8

5/8

6.The contents of the above joint compromise memo are read over and explained to both the parties and they would admit the same. The joint compromise memo filed by both the parties is recorded.

7. In view of the compromise entered between the parties, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act.

8. Accordingly, the conviction and sentence imposed by the learned District Munsif-Cum-Judicial Magistrate, Aravakurichi, in STC.No.105 of 2019 dated 31.12.2020, and confirmed by learned Principal District Judge, Karur, in Criminal Appeal No.2 of 2021 dated 17.08.2022, is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged.

08.09.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss 6/8

To 1.The Principal District Judge, Karur.

2.The District Munsif-Cum-Judicial Magistrate, Aravakurichi.

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

7/8

K.K.RAMAKRISHNAN, J.

dss Crl.RC(MD)No.256 of 2023 08.09.2023 8/8