Cheque dishonour conviction under Section 138 NI Act had been confirmed by appellate judge; parties later filed joint compromise memo which was recorded and the offence compounded under Section 147 NI Act.
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Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 26.07.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
I.Vethakkan Pious ... Petitioner/Appellant/Accused
Vs.
A.K.Tayala Kannan ... 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 pertaining to the Judgment dated 15.03.2023 made in Crl.A.No.11 of 2021 on the file of the Principal Sessions Judge, Thoothukudi confirming the Judgment dated 11.02.2020 made in S.T.C.No.622 of 2016 on the file of the Judicial Magistrate Court, Saathankulam against the above petitioner and set aside the same.
For Petitioner : Mr.S.R.Anbarasu
For Respondent : Mr.B.N.Raja Mohamed
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ORDER
This Criminal Revision Case has been filed set aside the Judgment dated 15.03.2023 made in Crl.A.No.11 of 2021 on the file of the Principal Sessions Judge, Thoothukudi confirming the Judgment dated 11.02.2020 made in S.T.C.No.622 of 2016 on the file of the Judicial Magistrate Court, Saathankulam against the petitioner.
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on 19.03.2016 and the same was returned for the reason "funds insufficient" and the return memo was received by the complainant on 23.03.2016. On 19.04.2016, the petitioner came to the complainant's house and requested to redeposit the cheque. The complainant has re-deposited the cheque on 20.04.2016 and the said cheque was again dishonoured for the reason "funds insufficient” and the return memo was received by the complainant 25.04.2016. Hence, on 13.05.2016 the complainant had sent a legal notice and the petitioner sent a reply notice on 10.06.2016 with false averments but accepted the signature found in the cheque issued by him. Hence, the complainant has filed a complaint against the accused under section 138 of Negotiable Instrument Act, 1881.
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Judgment dated 11.02.2020.
C.A.No.11 of 2021 on the file of the learned Principal Sessions Judge, Thoothukudi. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court.
would submit that they have already filed joint memo of compromise, which is extracted here under:-
Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
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Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
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.
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.
26.07.2024
NCC : Yes/No Index : Yes/No RJR
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To
Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
K.K.RAMAKRISHNAN, J.
RJR
Crl.R.C.(MD)No.477 of 2023 and Crl.M.P(MD)No.3449 of 2024
26.07.2024
1 issue framed by the court
Whether a Section 138 NI Act conviction upheld at trial and appellate levels could be set aside upon a joint compromise between parties?
3 provisions across 2 enactments
I.Vethakkan Pious
A.K.Tayala Kannan
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
