Sujaaram v. Rajkumar
Case brief
What is this about?
The High Court allowed criminal revisions in cheque dishonour cases where the appellant paid the dues, the complainant accepted the payment, and a joint compromise memo was filed, resulting in the compounding of the offence.
What did the court decide?
The conviction and sentence were set aside; the offence under Section 138 of the Negotiable Instruments Act was treated as compounded.
What the court decided
Crl.R.C.Nos.515 and 516 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.Nos.515 and 516 of 2022 and Crl.M.P.Nos. 5231 and 5232 of 2022
Sujaram
... Appellant in both case
Versus
Rajkumar .. Respondent in both case
Prayer in Crl.R.C.No.515 of 2022 : Criminal Revision Case filed u/s. 397 read with 401 of Cr.P.C to set aside the order dated 23.12.2021 passed by the Learned Principal Sessions Judge, Krishnagiri in Crl.A.No.39 of 2019 confirming the order dated 17.05.2019 passed by the Learned Judicial Magistrate No.I, Krishnagiri in S.T.C.No.607 of 2017 and allow the above criminal revision case.
Prayer in Crl.R.C.No.516 of 2022 : Criminal Revision Petition Case u/s. 397 read with 401 of Cr.P.C to set aside the order dated 23.12.2021 passed by the Learned Principal Sessions Judge, Krishnagiri in Crl.A.No.38 of 2019 confirming the order dated 17.05.2019 passed by the Learned Judicial Magistrate No.I, Krishnagiri in S.T.C.No.606 of 2017 and allow the above criminal revision case.
Issues for consideration
1 issue framed by the court
Whether the conviction and sentence in cheques dishonour cases can be set aside upon payment of the amount and filing of a compromise memo.
Parties & counsel
- appellant
Sujaram
- respondent
Rajkumar
Coram
D Bharatha Chakravarthy
Case details
As recorded by the court registry
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