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Madras High CourtCRL RC(MD)/1249/2022allowed

S.Maragatham v. K.Banumathi

2023-08-30Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.08.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD)No.1249 of 2022 and Crl.MP(MD)No.15709 of 2022 S.Maragatham ... Revision Petitioner/Appellant/ Accused Vs.

K.Banumathi ... 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 to set aside the judgment dated 10.11.2022 made in Crl.A.No.79 of 2019 on the file of the learned Additional District Judge, Sivagangai, confirming the judgment dated 30.09.2019 made in C.C.No.37 of 2017 on the file of the learned Judicial Magistrate (FTC), Karaikudi and to allow this petition.

For Petitioners : Mr.V.Thirumal For Respondent : Mr.C.Jeyaprakash 1/6

ORDER

This Criminal Revision Case has been filed to set aside the Judgment of the Appellate Court passed by the Additional District Judge, Sivagangai, in Crl.A.No.79 of 2019, dated 10.11.2022 confirming the Judgment in C.C.No.37 of 2017 dated 30.09.2019 on the file of the learned Judicial Magistrate (FTC), Karaikudi.

2. The petitioner borrowed a sum of Rs.10,00,000/- from the respondent and her husband on 27.05.2015. To discharge the said debt, she issued two cheques, dated 15.10.2016 drawn on the bank of Karur Vysya Bank, Karaikudi Branch. The respondent presented the cheque before her Bank on 12.01.2017 and the same was returned on 13.01.2017 with an endorsement of "Contact Drawer". So, the respondent issued the legal notice on 09.02.2017. Even though the petitioner received the same on 14.02.2017, she 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 Judicial Magistrate (FTC), Karaikudi.. The learned Judicial Magistrate taken the complaint on file in C.C.No.37 of 2017.

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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 to P.W.3 and perused the documents Ex.P.1 to Ex.P.20 and passed the conviction under Section 138 of Negotiable Instruments Act to undergo 15 months Simple Imprisonment and to pay a fine amount of Rs.10,01,000/- in default, to undergo 3 months Simple Imprisonment by the Judgment dated 30.09.2019. Further, ordered to pay a sum of Rs.10,00,000/- to the respondent as compensation from the said fine amount.

4. Aggrieved over the same, the petitioner filed the Criminal Appeal in C.A.No.79 of 2019 on the file of the learned Additional District Judge, Sivagangai. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

5. Today (30.08.2023), 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:- 3/6

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. 4/6

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 Judicial Magistrate (FTC), Karaikudi, in C.C.No.37 of 2017 dated 30.09.2019 and confirmed by the learned Additional District Judge, Sivagangai in Crl.A.No. 79 of 2019, dated 10.11.2022, is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against her. Bail bond if any, executed by the accused shall stand discharged. The connected miscellaneous petition is closed.

30.08.2023 1/2 NCC : Yes/No Index : Yes/No Internet: Yes/No dss 5/6

K.K.RAMAKRISHNAN, J.

dss To 1.The Judicial Magistrate (FTC), Karaikudi.

2.The Additional District Judge, Sivagangai.

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

Crl.RC(MD)No.1249 of 2022 and Crl.MP(MD)No.15709 of 2022 30.08.2023 6/6