Allowed

M.Paramasivam v. Karuppasamy

Madras HC25 Jul 2024CRL RC(MD)/276/2024

Case brief

AI extract

What is this about?

In this criminal revision, the High Court considered a cheque dishonour case where parties filed a joint compromise memo. Relying on Section 147 of the Negotiable Instruments Act, the Court held the offence compounded, set aside the conviction, acquited the petitioner, and allowed the revision.

What did the court decide?

Conviction and sentence set aside; petitioner acquitted; criminal revision allowed; bail bond discharged; respondent permitted to withdraw deposited amount.

M.Paramasivam Vs Karuppasamy — Cheque Dishonour | Madras HC (2024)

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Crl.R.C(MD).No.276 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 25.07.2024

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CORAM

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD)No.276 of 2024

M.Paramasivam

... Petitioner

Vs.

Karuppasamy ... Respondent

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PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the entire records relating to the impugned order in Crl.A.No.33 of 2021 on the file of the learned Additional District and Sessions Court, Virudhunagar, dated 29.01.2024 confirming the judgment of conviction made in C.C.No.195 of 2014 on the file of the learned Judicial Magisterial No.I, Virudhunagar dated 14.09.2021 and set aside the same and acquit the revision petitioner/appellant/accused from the charges levelled against him.

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For Petitioner : Mr.K.Salai Arul Mani

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For Respondent : Mr.S.Ramasamy

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https://www.mhc.tn.gov.in/judis

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Crl.R.C(MD).No.276 of 2024

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ORDER

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This Criminal Revision Case has been filed to call for the entire records relating to the impugned order in Crl.A.No.33 of 2021 on the file of the learned Additional District and Sessions Court, Virudhunagar, dated 29.01.2024 confirming the judgment of conviction made in C.C.No.195 of 2014 on the file of the learned Judicial Magisterial No.I, Virudhunagar dated 14.09.2021 and set aside the same and acquit the revision petitioner/appellant/accused from the charges levelled against him.

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The petitioner borrowed a sum of Rs.7,00,000/- from the respondent on 10.04.2014. To discharge the said debt, he issued cheque on 10.07.2014 drawn on the bank of Pandian Grama Bank, Virudhunagar. The respondent presented the cheque before his Bank and the cheque was returned with an endorsement “Insufficient Funds”. Therefore, the respondent issued the legal notice on 15.07.2014. Even though the petitioner received the same, he neither paid the amount nor sent any reply. In such circumstances, the respondent filed a complaint under Section 138 Cr.P.C., before the learned Judicial Magisterial No.I, Virudhunagar and the learned Judicial Magistrate taken the complaint on file in C.C.No.195 of 2014.

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Crl.R.C(MD).No.276 of 2024

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Thereafter, on receipt of the summons, the petitioner appeared and contested the case. On the side of the complainant P.W.1 and P.W.2 were examined and Ex.P.1 to Ex.P.6 were marked and on the side of the accused 3 witnesses, namely, D.W.1 to D.W.3 were examined and marked Ex.D1 to Ex.D6. The learned Judge convicted the petitioner/accused under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year rigorous Imprisonment and to pay a fine amount of Rs.7,00,000/- to the respondent as compensation in default, to undergo one month Simple Imprisonment by the Judgment dated 14.09.2021.

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Aggrieved over the same, the petitioner filed the Criminal Appeal in

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Crl.A.No.33 of 2021 on the file of the learned Additional District and Sessions Court, Virudhunagar. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.

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Today (25.07.2024), when the matter was taken up for hearing, both

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counsel on record would submit that they have already filed joint compromise memo, which is extracted here under :-

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Crl.R.C(MD).No.276 of 2024

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Crl.R.C(MD).No.276 of 2024

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The contents of the above joint compromise memo are read over and

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explained to both the parties and they would admit the same. The joint compromise memo filed by both the parties is recorded.

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https://www.mhc.tn.gov.in/judis

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Crl.R.C(MD).No.276 of 2024

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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.

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Accordingly, the conviction and sentence imposed by the learned Judicial Magisterial No.I, Virudhunagar, in C.C.No.195 of 2014 dated 14.09.2021, and confirmed by learned Additional District and Sessions Court, Virudhunagar, in Criminal Appeal No.33 of 2021 dated 29.01.2024, is hereby

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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. The respondent also permitted to withdraw the amount that had been already deposited by the petitioner before the learned Judicial Magistrate No.1, Virudhunagar in C.C.No.195 of 2014.

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25.07.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No tta

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https://www.mhc.tn.gov.in/judis

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Crl.R.C(MD).No.276 of 2024

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1.The Additional District and Sessions Court, Virudhunagar.

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The learned Judicial Magisterial No.I, Virudhunagar.

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

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Crl.R.C(MD).No.276 of 2024

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K.K.RAMAKRISHNAN, J.

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tta/ sbn

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Crl.R.C(MD)No.276 of 2024

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25.07.2024

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M.Paramasivam v. Karuppasamy

Case brief

What is this about?

What did the court decide?

M.Paramasivam v. Karuppasamy

Case brief

What is this about?

What did the court decide?

What the court decided

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