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C.Manivannan v. M.C.Thangamuthu

Madras HC4 Dec 2025CRL RC/2008/2025

Case brief

AI extract

What is this about?

Madras High Court; Sunder Mohan J.; decided 04.12.2025; Crl.R.C.Nos.2008 & 2010 of 2025 with Crl.M.P.Nos.18957, 18959, 18960, 18961 of 2025; C.Manivannan (petitioner) v M.C.Thangamuthu (respondent); Section 138 Negotiable Instruments Act cheque-dishonour convictions (C.C.Nos.44 & 42 of 2012, JM FTC No.I Erode) confirmed in Crl.A.Nos.193 & 192 of 2022 (II Additional Sessions Court, Erode); convictions set aside and acquittal granted on mediation settlement; withdrawal of Section 148 NI Act deposit permitted; petition under Section 397 & 401 Cr.P.C. / 438 & 442 BNSS; revisions allowed.

What did the court decide?

Criminal Revision Cases allowed: impugned judgments of conviction and sentence set aside and the petitioner/appellant acquitted; petitioner permitted to withdraw the Section 148 NI Act deposit in both cases; connected miscellaneous petitions closed.

C.Manivannan Vs M.C.Thangamuthu — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgments of conviction and sentence passed on the petitioner for the offence under Section 138 of the Negotiable Instruments Act (confirmed in appeal by the II Additional Sessions Court, Erode) should be set aside in view of the settlement arrived at between the parties in mediation. +1 more

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Court's answer

Since the parties had arrived at a settlement (through the mediation process), the impugned judgments of conviction and sentence in Crl.A.Nos.193 & 192 of 2022 confirming the convictions in C.C.Nos.44 and 42 of 2012 for the offence under Section 138 of the Negotiable Instruments Act are set aside and the appellant (petitioner) is acquitted.

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Ratio / Principle

As agreed between the parties, the petitioner is permitted to withdraw the amount deposited under Section 148 of the Negotiable Instruments Act during the pendency of the appeal, in both the cases in C.C.Nos.42 of 2012 and 44 of 2012.

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Detailed headnote1 paragraphs

Criminal Revision Petitions (Crl.R.C.Nos.2008 & 2010 of 2025, Madras High Court, Sunder Mohan J., 04.12.2025) under Section 397 & 401 Cr.P.C. read with Sections 438 and 442 BNSS challenged convictions under Section 138 of the Negotiable Instruments Act imposed on 13.09.2022 in C.C.Nos.44 and 42 of 2012 (Judicial Magistrate [FTC] No.I, Erode) and confirmed on 30.07.2025 in Crl.A.Nos.193 & 192 of 2022 (II Additional Sessions Court, Erode). On an earlier hearing the matter was referred to mediation; the parties arrived at a settlement reported by the mediation centre. Holding: in view of the settlement, the impugned judgments of conviction and sentence are set aside and the petitioner/appellant is acquitted; further, as agreed between the parties, the petitioner is permitted to withdraw the amount deposited under Section 148 NI Act during the pendency of the appeal in both C.C.Nos.42 of 2012 and 44 of 2012. Revisions allowed; connected miscellaneous petitions closed.

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Crl.R.C.Nos.2008 & 2010 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.12.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.R.C.Nos.2008 & 2010 of 2025 & Crl.M.P.Nos.18957, 18959, 18960, 18961 of 2025

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C.Manivannan ... Petitioner in both CRL RCs

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Vs.

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M.C.Thangamuthu ... Respondent in both CRL Rcs

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Common Prayer: Criminal Revision Petitions filed under Section 397 & 401 of Cr.P.C./438 read with 442 of BNSS Act to set aside the judgment and conviction dated 30.07.2025 made in Crl.A.Nos.193 & 192 of 2022 on the file of the II Additional Sessions Court, Erode confirming the judgment and conviction dated 13.09.2022 made in C.C.Nos.44 and 42 of 2012 on the file of the Judicial Magistrate [FTC] No.I, Erode.

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For Petitioner : Mr.C.S.Saravanan

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

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Crl.R.C.Nos.2008 & 2010 of 2025

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COMMON ORDER

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These revisions challenge the judgment and conviction imposed on the petitioner dated 13.09.2022 made in C.C.Nos.44 and 42 of 2022 on the file of the Judicial Magistrate [FTC] No.I, Erode for the offence under section 138 of the Negotiable Instruments Act which was confirmed by the judgment dated 30.07.2025 made in Crl.A.Nos.193 & 192 of 2022 on the file of the II Additional Sessions Court, Erode.

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2. When the matters earlier were taken for hearing, this Court referred the parties for mediation. It appears that the petitioner had appeared before the mediation and the parties have arrived at a settlement; the mediation center had sent a report along with the settlement agreement entered into between the petitioner and the respondent. The scanned copy of the agreement reads as follows :

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

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Crl.R.C.Nos.2008 & 2010 of 2025

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

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Crl.R.C.Nos.2008 & 2010 of 2025

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

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Crl.R.C.Nos.2008 & 2010 of 2025

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3. Since the parties had arrived at a settlement, the impugned judgment of conviction and sentence made in Crl.A.Nos.193 & 192 of 2022 on the file of the II Additional Sessions Court, Erode confirming the judgment of conviction and sentence made in C.C.Nos.44 and 42 of 2022 on the file of the Judicial Magistrate [FTC] No.I, Erode for the offence under section 138 of the Negotiable Instruments Act are set aside and the appellant is acquitted. It is seen that during the pendency of the appeal, the petitioner had deposited a portion of the cheque amount under section 148 of the Negotiable Instruments Act and as agreed between the parties, the petitioner is permitted to withdraw the said amount in both the cases in C.C.Nos.42 of 2012 and 44 of 2012.

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10. With the above observations, these Criminal Revision Cases are allowed. Consequently, connected miscellaneous petitions are closed.

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04.12.2025

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

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

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Crl.R.C.Nos.2008 & 2010 of 2025