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M.Rajasekar v. P.Karthikeyan

Madras HC2 Apr 2025CRL RC/272/2021

Case brief

AI extract

What is this about?

Madras High Court, M. Nirmal Kumar, J.; Crl.R.C.No.272 of 2021 and Crl.M.P.No.6897 of 2025; decided 02.04.2025; compounding of Section 138 Negotiable Instruments Act offence under Section 147 NI Act on compromise between accused and complainant; cheque amount Rs.1,50,000 paid by demand draft No.000666 dated 27.03.2025; conviction by Judicial Magistrate FTC-II Erode (STC.No.714 of 2017) and confirmation by II Additional District and Sessions Judge, Erode (Crl.A.No.215 of 2019) set aside; revision allowed; acquittal of all charges; post-conviction settlement of cheque dishonour case.

What did the court decide?

Offence compounded under Section 147 of the Negotiable Instruments Act, 1881; judgments dated 20.08.2019 (STC.No.714 of 2017) and 11.03.2020 (Crl.A.No.215 of 2019) set aside; petitioner acquitted of all charges. ¶33

M.Rajasekar Vs P.Karthikeyan — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the offence under Section 138 of the Negotiable Instruments Act, 1881, for which the petitioner stands convicted, can be compounded pursuant to the compromise between the petitioner and the respondent, warranting setting aside of the trial court and lower appellate court judgments.

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Ratio / Principle

This Court accepts the compromise entered into between the petitioner and the respondent, given the resolution of the dispute and payment of the cheque amount.

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Key takeaways

The compounding petition (Crl.M.P.No.6897 of 2025) invoking Section 147 of the Negotiable Instruments Act, 1881 is ordered, i.e., the offence is compounded.ratio¶28
As a consequence of compounding, the trial court judgment dated 20.08.2019 in STC.No.714 of 2017 and the lower appellate court judgment dated 11.03.2020 in Crl.A.No.215 of 2019 are set aside, the revision is allowed, and the petitioner is acquitted of all charges.ratio¶33

Detailed headnote1 paragraphs

Criminal Revision (Ss. 397 & 401 CrPC) against conviction under S. 138 NI Act: During pendency of the revision, the petitioner and respondent compromised; the petitioner paid the cheque amount of Rs.1,50,000/- by demand draft No.000666 dated 27.03.2025, and the respondent/complainant filed a compounding petition (Crl.M.P.No.6897 of 2025) under S. 147 NI Act, confirming receipt of the entire amount and the compromise in person before the Court. Holding the compromise acceptable so as not to keep the proceedings pending to the detriment of the parties' future life, the Madras High Court ordered compounding of the offence, set aside the judgment dated 20.08.2019 in STC.No.714 of 2017 (Judicial Magistrate, Fast Track Court No.II, Erode) and the judgment dated 11.03.2020 in Crl.A.No.215 of 2019 (II Additional District and Sessions Judge, Erode), allowed the revision, and acquitted the petitioner of all charges.

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Crl.R.C.No.272 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.04.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.R.C.No.272 of 2021 and Crl.M.P.No.6897 of 2025

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M.Rajasekar ... Petitioner Vs. P.Karthikeyan ... Respondent

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PRAYER: Criminal Revision Petition filed under Sections 397 & 401 of Criminal Procedure Code, to set aside the judgment dated 11.03.2020 in Crl.A.No.215 of 2019, on the file of II Additional District and Sessions

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Judge, Erode confirming the conviction and sentence in the judgment dated 20.08.2019 made in STC.No.714 of 2017, on the file of Judicial Magistrate (FTC-II) Erode.

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For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.N.Chinnaraj

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ORDER

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Page No.1 of 6

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

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Crl.R.C.No.272 of 2021

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The petitioner was convicted by judgment, dated 20.08.2019 in STC.No.714 of 2017 by the learned Judicial Magistrate, Fast Track Court No.II, Erode (Trial Court) for offence under Sections 138 of Negotiable Instruments Act, 1881 and sentenced to undergo six months Simple Imprisonment. Aggrieved over the judgment of the trial Court, an appeal was preferred by the petitioner before the learned II Additional District and Sessions Judge, Erode (Lower Appellate Court) in Crl.A.No.215 of 2019. The Lower Appellate Court, by judgment dated 11.03.2020 dismissed the appeal, confirming the judgment of the trial Court, against which the present criminal revision case is filed.

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2.The learned counsel for the petitioner submitted that now the

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issue between the petitioner and the respondent got resolved and that the respondent agreed to receive the cheque amount of Rs.1,50,000/-. He further submits that the petitioner paid the cheque amount to the respondent by way of demand draft No.000666, dated 27.03.2025 drawn in favour of the respondent. Based on the compromise, a compounding petition in Crl.M.P.No.6897 of 2025 in Crl.R.C.No.272 of 2021 under Section 147 of Negotiable Instruments Act, 1881 has been filed to compound the offence.

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Page No.2 of 6

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

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Crl.R.C.No.272 of 2021

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3.The learned counsel for the respondent confirms the compromise

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entered between the petitioner and the respondent and also confirms the receipt of the entire cheque amount by way of demand draft in No.000666, dated 27.03.2025.

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4 .Today, the respondent is present before this Court and this Court had enquired the respondent. The respondent confirmed the compromise entered with the petitioner and filing of compounding petition. The scanned reproduction of the demand draft No.000666, dated 27.03.2025 drawn in favour of the respondent is as follows:

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Page No.3 of 6

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

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Crl.R.C.No.272 of 2021

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5.The respondent/complainant has filed a compounding petition in

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Crl.M.P.No.6897 of 2025 in Crl.R.C.No.272 of 2021 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered.

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Page No.4 of 6

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

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Crl.R.C.No.272 of 2021

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In view of the above development and in the interest of both the parties not to keep these proceedings pending since it will affect their future life, this Court accepts the compromise entered between them.

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7 . In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 20.08.2019 in STC.No.714 of 2017 passed by the learned Judicial Magistrate, Fast Track Court No.II, Erode and the judgment, dated 11.03.2020 passed by the learned II Additional District and Sessions Judge, Erode in Crl.A.No.215 of 2019 are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against him.

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02.04.2025

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Speaking Order/Non Speaking Order Index : Yes/No Neutral Citation: Yes/No vv2

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1.The II Additional District and Sessions Judge, Erode.

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2.The Judicial Magistrate, Fast Track Court No.II, Erode. Note: Issue Order Copy on 15.04.2025.

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Page No.5 of 6

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