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G.P.Dhevikala v. G.Manikandan

Madras HC12 Dec 2025CRL RC/1281/2024

Case brief

AI extract

What is this about?

Section 138 Negotiable Instruments Act; cheque dishonour insufficiency of funds; compounding of offence; joint compromise memo 27.11.2025; acquittal on settlement; Crl.RC 1281 of 2024 Madras High Court; S.397 r/w 401 CrPC revision; CC.No.7315/2014; Crl.A.No.334/2023; Rs.1,93,700 settlement; Rs.96,850 deposit withdrawal; Sunder Mohan J.

What did the court decide?

Criminal Revision Case allowed in terms of the Joint Compromise Memo dated 27.11.2025: conviction and sentence set aside and petitioner acquitted under Section 138 NI Act; respondent permitted to withdraw Rs.96,850/- trial-court deposit with accrued interest; fine, if any, paid by the petitioner to be refunded; bail bond, if any, discharged. ¶45

G.P.Dhevikala Vs G.Manikandan — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the joint compromise between the parties and the compoundable nature of the offence, the conviction and sentence imposed on the petitioner under Section 138 of the Negotiable Instruments Act should be set aside and the petitioner acquitted.

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Court's answer

The offence under Section 138 of the Negotiable Instruments Act is compoundable.

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Ratio / Principle

In view of the compromise arrived at between the parties, the Court accepted the Joint Compromise Memo dated 27.11.2025 and set aside the conviction and sentence imposed on the petitioner by the trial Court.

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Key takeaways

The conviction and sentence imposed on the petitioner vide judgment dated 23.05.2023 in CC.No.7315 of 2014 (Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai) and confirmed by the judgment dated 04.04.2024 in Crl.A.No.334 of 2023 are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.ratio¶50
The respondent/complainant is permitted to withdraw Rs.96,850/- deposited in the trial Court with accrued interest; any fine paid by the petitioner shall be refunded; and any bail bond executed shall stand discharged.ratio¶51

Detailed headnote1 paragraphs

Criminal Revision under S.397 r/w 401 CrPC (Madras High Court, Sunder Mohan, J., 12-12-2025): conviction of the petitioner/accused under S.138 NI Act in CC.No.7315/2014 (six months simple imprisonment and Rs.1,93,700/- compensation, judgment dated 23.05.2023), confirmed in Crl.A.No.334/2023 (dated 04.04.2024), set aside on a Joint Compromise Memo dated 27.11.2025; the Court held the S.138 offence compoundable, took the compromise memo on file, acquitted the petitioner, permitted the respondent/complainant to withdraw Rs.96,850/- deposited in the trial Court with accrued interest, directed refund of any fine paid, and discharged any bail bond.

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2025:MHC:2951

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Crl.RC No.1281 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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CRL RC No. 1281 of 2024

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G.P.Dhevikala D/o.G.Padmanabhan, No.3, Jagadhambal Street, Periyar Nagar, Nesapakkam, KK Nagar, Chennai-78.

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...Petitioner/Accused

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G.Manikandan S/o.M.Ganesan, No.84, East Vannier Street, West KK Nagar, Chennnai-78.

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...Respondent/Complainant

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PRAYER : The Criminal Revision filed under Section 397 r/w 401 of Criminal Procedure Code praying to set aside the Judgment passed in Crl.A.No.334/2023 dated 4.4.2024 on the file of XVII Addl. Sessions Judge, City Civil Court at Chennai confirming the conviction and sentence passed by the Hon’ble Metropolitan Magistrate FTC Magistrate Level-V Saidapet, Chennai-15 made in CC.No.7315/2014 dated

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Page No.1 of 9

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

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Crl.RC No.1281 of 2024

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23.05.2023 and acquit the Petitioner/Appellant/Accused from the charges U/s.138 of the Negotiable Instruments Act.

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For Petitioner : M/s.D.N.Dhurgasha

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For Respondent : M/s. Saiguna

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ORDER

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The Criminal Revision Petition challenges the conviction of the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentence imposed on the petitioner to undergo simple imprisonment for six months and to pay a compensation of Rs.1,93,700/(Rupees One Lakh Ninety Three Thousand and Seven Hundred Only) to the complainant, in default to undergo simple imprisonment for three months.

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The gist of the allegation is that the petitioner/accused had

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issued a cheque for Rs.1,93,700/- (Rupees One Lakh Ninety Three Thousand and Seven Hundred Only), towards discharge of her liability; that the said cheque was presented for collection, which was returned for the reasons, “INSUFFICIENT FUNDS” and inspite of statutory notice, the petitioner did not make any payment.

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Page No.2 of 9

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

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Crl.RC No.1281 of 2024

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Both the courts below, convicted the petitioner for the offence under Section 138 of the NI Act and sentenced her to six months imprisonment, besides directing her to pay compensation of Rs.1,93,700/-.

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It is now reported that the parties have now entered into a compromise and filed a Joint Compromise Memo dated 27.11.2025. The scanned copy of the Joint Memo of Compromise dated 27.11.2025 duly signed by the petitioner and the respondent and the learned counsel for both parties, is as follows:

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Page No.3 of 9

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

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Crl.RC No.1281 of 2024

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

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Crl.RC No.1281 of 2024

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

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Crl.RC No.1281 of 2024

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

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Crl.RC No.1281 of 2024

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M/s.D.N.Dhurgasha, the learned counsel for the

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respondent/complainant, confirms the compromise and submitted that the respondent has agreed to receive Rs.1,93,700/- (Rupees One Lakh Ninety Three Thousand Seven Hundred Only) in full and final settlement of his claims and has also prayed that the Judgments of conviction and sentence may be set aside. The respondent has received a sum of Rs.96,850/- on 27.11.2025 by a Demand Draft and has agreed to withdraw the amount of Rs.96,850/- deposited to the credit of C.C.No.7315 of 2014.

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In view of the compromise arrived at and since the offence under Section 138 of the Negotiable Instruments Act, is compoundable, this Court is inclined to accept the Joint Compromise Memo dated 27.11.2025 and set aside the conviction and sentence imposed on the petitioner by the trial Court.

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Accordingly, the Joint Compromise Memo dated 27.11.2025 is

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taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 27.11.2025. The conviction and sentence imposed upon the petitioner vide judgment dated 23.05.2023 made in

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Page No.7 of 9

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

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C.C.No.7315 of 2014, by the learned Metropolitan Magistrate, Fast Track
Court -

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Crl.RC No.1281 of 2024 C.C.No.7315 of 2014, by the learned Metropolitan Magistrate, Fast Track

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Court - V, Saidapet, Chennai – 600 015 and confirmed by the Judgment dated 04.04.2024 made in Crl.A.No.3 3 4 of 2023 passed by the learned XVIII Additional Sessions Judge, City Civil Court, Chennai, are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.

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The respondent/complainant is permitted to withdraw Rs.96,850/- [Rupees Ninety Six Thousand Eight Hundred and Fifty Only] deposited in the trial Court, with accrued interest, by filing appropriate application. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged.

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12-12-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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Page No.8 of 9

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

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Crl.RC No.1281 of 2024 SUNDER MOHAN, J.

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