Allowed

S.a.Mohan v. R.Jegannathan

Madras HC23 Oct 2019CRL RC/43/2016

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition seeking to set aside convictions under Section 138 of the Negotiable Instruments Act. The Court set aside the lower court judgments, acquitted the petitioner, and ordered the refund of the fine upon the filing of a separate compounding petition and payment of the cheque amount by the petitioner.

What did the court decide?

Impugned judgments set aside, petitioner acquitted, bail cancelled, and fine refunded. Criminal Miscellaneous Petition allowed.

S.a.Mohan Vs R.Jegannathan — Cheque Dishonour | Madras HC (2019)

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BAIL SLIP

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The Petitioner/Accused viz., S.A.Mohan, S/o.S.N.Iyyer, be and hereby was directed to be released on bail as per order of this court, dated 11.01.2016 and made in Crl.M.P.No. 258 of 2016 in Crl.RC.43 of 2016.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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CORAM

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Prayer: The Criminal Revision Petition has been filed under Section 397 read with 401 of Cr.P.C, to set aside the Judgment, dated 17.02.2015 made in C.C.No. 287/2013 by the Judicial Magistrate FTC – at Magistrate Level -2, Coimbatore, confirmed by the Judgment, dated 07.09.2015, made in C.A.No. 59/2015 by the IV th Additional District and Sessions Judge, Coimbatore.

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For Petitioner : Mr.V.Chinnasamy

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For Respondent : Mr.J.Paulson

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ORDER

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The Criminal Revision Petition has been filed under Section 397 read with 401 of Cr.P.C, to set aside the Judgment, dated 17.02.2015

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made in C.C.No. 287/2013 by the Judicial Magistrate FTC – at Magistrate Level -2, Coimbatore, confirmed by the Judgment, dated 07.09.2015, made in C.A.No. 59/2015 by the IV th Additional District and Sessions Judge, Coimbatore.

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Heard, the learned counsel appearing for both sides and

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https://hcservices.ecourts.gov.in/hcservices/

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perused the materials available on record.

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In and by the impugned Judgments of both the Courts below, the petitioner / accused was found guilty for the commission of offence under Section 138 of Negotiable Instruments Act and convicted and sentenced to undergo simple imprisonment for 10 months and to pay a fine of Rs. 3,000/-, in default, to undergo one month simple imprisonment.

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During the pendency of the revision, the parties have entered into a compromise, pursuant to which, the petitioner / accused has paid the entire cheque amount of Rs. 3,00,000/- to the respondent, on 21.02.2009.

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In view of the compromise and payment of the cheque amount, along with this Criminal Revision Petition, the petitioner has filed Crl.MP.No. 15290 of 2019 under Section 147 of the NI Act to compound the offences. The parties are present before this Court today.

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The learned counsel appearing for both the parties would submit that pursuant to the compromise, the petitioner has paid the cheque amount of Rs.3,00,000/- to the respondent/complainant and the compounding fee has also been paid.

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In view of the above, this Criminal Civil revision petition stands allowed. The Judgment of conviction and Sentence, dated 17.02.2015 made in C.C.No. 287/2013 by the Judicial Magistrate FTC at Magistrate Level -2, Coimbatore and the Judgment dated 07.09.2015, made in C.A.No. 59/2015 by the IVth Additional District and Sessions Judge, Coimbatore are set aside. While compounding the offence under Section 138 of the Negotiable Instruments Act. The petitioner is acquitted of the charges under Section 138 of the Negotiable Instruments Act. The bail bond if any executed by the petitioner stand cancel and the fine amount shall be refunded to the petitioner/accused. The parties shall pay Rs.5,000/- each to the Taluk Legal Services Authority attached to the Trial Court. Accordingly, the Criminal Miscellaneous Petition is also ordered.

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Sub Assistant Registrar

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kmm

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https://hcservices.ecourts.gov.in/hcservices/

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To:

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1.The Chief Judicial Magistrate, Coimbatore.

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The Judicial Magistrate
FTC – at Magistrate Level -2,
Coimbatore.
3. The IV th Additional District and Sessions Judge,
Coimbatore.
Copy To
The Section Officer,
Criminal Section, High Court,
Madras.
+1cc to Mr.V.Chinnasamy, Advocate, S.R.No. 88980
+1cc to Mr.J.Paulson, Advocate, S.R.No. 88984
Crl.RC.No.43 of 2016
PA(CO)
GN(12/12/2019)

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https://hcservices.ecourts.gov.in/hcservices/

S.a.Mohan v. R.Jegannathan

Case brief

What is this about?

What did the court decide?

S.a.Mohan v. R.Jegannathan

Case brief

What is this about?

What did the court decide?

What the court decided

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