R. Muthuraj v. S. Mohamed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.RC.(MD) NO.68 of 2026 R.Muthuraj ... Petitioner Vs.

S.Mohamed ... Respondent Prayer : Criminal Revision filed under Sections 397 and 401 Cr.P.C. read with the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the judgment dated 4.11.2025 passed in C.A.No.44/2019, on the file of the Sessions Judge, Fast Track Mahila Court, Nagercoil, confirming the judgment dated 25.02.2019 made in STC No.601/2018 by the Fast Track Court (Magistrate Level), Nagercoil, convicting the petitioner under Section 138 of Negotiable Instrument Act, and sentencing him to undergo simple imprisonment of 10 months and to pay compensation of Rs. 13,32,000/-, in default to pay the compensation amount the petitioner has to undergo further simple imprisonment for a period of two months, by allowing this criminal revision case. 1/6

For Petitioner : Mr.K.Sivabalan, For M/s.Arun Legal Consultancy For Respondent : Mr.S.Suresh Manickam

ORDER

This Criminal Revision case is filed to set aside the judgment dated 4.11.2025 passed in C.A.No.44/2019, on the file of the Sessions Judge, Fast Track Mahila Court, Nagercoil, confirming the judgment dated 25.02.2019 made in STC No.601/2018 by the Fast Track Court (Magistrate Level), Nagercoil, convicting the petitioner under Section 138 of Negotiable Instrument Act, and sentencing him to undergo simple imprisonment of 10 months and to pay compensation of Rs.13,32,000/-, in default to pay the compensation amount the petitioner has to undergo further simple imprisonment for a period of two months.

2. The petitioner and respondent appeared before this Court in person. They have together filed a joint compromise memo wherein it has stated that he had received an amount of Rs.4,50,000/- for the alleged theft of Rs.13,00,000/-. The petitioner has no objection to 2/6

handover the deposited Rs.75,000/- before the learned Appellate Court to the respondent. The respondent is permitted to withdraw the said amount by making a suitable application before the learned Appellate Court. The joint compromise memo is a part and parcel of this order. The scanned copy of the memo is extracted as follows: 3/6

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3. In view of the above, this Criminal Revision case is allowed. The petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act.

22.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml To

1. The Sessions Judge, Fast Track Mahila Court, Nagercoil.

2. The Judicial Magistrate, Fast Track Court, Magisterial Level Nagercoil.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Sml Crl.RC.(MD)No.68 of 2026 22.06.2026 6/6