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Papji Vs P.Kamaraj — Cheque Dishonour | Madras HC (2025)

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Papji Vs P.KamarajPapji v. P.Kamaraj

Allowed¶27

Papji v. P.Kamaraj

Madras HC21 Jul 2025CRL RC/530/2025

Case brief

AI extract

What is this about?

Madras High Court criminal revision decided 21.07.2025 by G.K. Ilanthiraiyan, J.; Crl.R.C.No.530 of 2025 with connected Crl.M.P.No.7507 of 2025; petitioner Papji (counsel Mr.V.Regunathan) vs respondent P.Kamaraj (counsel Mr.R.Ezhilarasan); filed under Section 415(2) BNSS 2023 against judgment dated 24.02.2025 in C.A.No.298/2023 (I Additional District and Sessions Judge, Tiruppur) confirming Section 138 Negotiable Instruments Act conviction in S.T.C No.310/2021 (Judicial Magistrate, Fast Track Court, Tiruppur, 03.10.2023); disposed of on Joint Memo of Compromise dated 14.03.2025 recording amicable settlement of cheque amount; conviction and appellate judgment set aside; revision allowed; no monetary quantum stated; no precedents cited.

What did the court decide?

Conviction under Section 138 of the Negotiable Instruments Act and the appellate judgment confirming it are set aside on the basis of the Joint Memo of Compromise dated 14.03.2025, whose terms form part of the order; connected miscellaneous petition closed.

Why is it important?

In view of the amicable settlement recorded in the Joint Memo of Compromise dated 14.03.2025, the judgment dated 24.02.2025 in C.A.No.298/2023 confirming the conviction in S.T.C No.310/2021 (dated 03.10.2023) is set aside, and the terms of the Joint Memo of Compromise form part and parcel of the order. ¶23

What the court decided

AI extract

Outcome

Conviction under Section 138 of the Negotiable Instruments Act and the appellate judgment confirming it are set aside on the basis of the Joint Memo of Compromise dated 14.03.2025, whose terms form part of the order; connected miscellaneous petition closed.

Issue for consideration

Whether the conviction of the petitioner under Section 138 of the Negotiable Instruments Act (confirmed in appeal) should be set aside in view of the amicable settlement between the parties recorded in the Joint Memo of Compromise dated 14.03.2025, to which the respondent raised no objection.

Court's answer

In view of the amicable settlement recorded in the Joint Memo of Compromise dated 14.03.2025, the judgment dated 24.02.2025 in C.A.No.298/2023 confirming the conviction in S.T.C No.310/2021 (dated 03.10.2023) is set aside, and the terms of the Joint Memo of Compromise form part and parcel of the order.

Ratio / Principle

The Criminal Revision Case stands allowed and the connected miscellaneous petition (Crl.M.P.No.7507 of 2025) is closed.

Detailed headnote1 paragraphs

Criminal Revision under Section 415(2), Bharatiya Nagarik Suraksha Sanhita, 2023 (Madras HC, G.K. Ilanthiraiyan, J., 21.07.2025): Petitioner convicted under Section 138 of the Negotiable Instruments Act in S.T.C No.310/2021 (Judicial Magistrate, Fast Track Court, Tiruppur, 03.10.2023); conviction confirmed in appeal by the I Additional District and Sessions Judge, Tiruppur in C.A.No.298/2023 on 24.02.2025. During the revision, the parties settled the cheque amount and entered into a Joint Memo of Compromise dated 14.03.2025, with the respondent raising no objection to setting aside the conviction. The High Court set aside the appellate judgment and the conviction, made the terms of the Joint Memo of Compromise part and parcel of its order, allowed the revision, and closed the connected Crl.M.P.No.7507 of 2025.

A

Crl.RC .No.530 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.No.530 of 2025 and

Crl.M.P.No.7507 of 2025

Papji

..... Petitioner

Vs

P.Kamaraj ..... Respondent

Prayer: Criminal Revision Case is filed under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to set aside the impugned Judgment and order dated 24.02.2025 passed by the I Additional District and Sessions Judge, Tiruppur in C.A.No.298/2023, consequently, the order of conviction and sentence passed by the Judicial Magistrate (Fast Track Court, Tiruppur in S.T.C.No.310/2021, thereby acquitting the petitioner.

For Petitioner : Mr.V.Regunathan For Respondent : Mr.R.Ezhilarasan

ORDER

This Criminal Revision Case has been filed as against the

Judgment dated 24.02.2025 passed in C.A.No.298/2023, on the file of the I Additional District and Sessions Judge, Tiruppur, confirming the order of conviction passed by the Judicial Magistrate, Fast Track Court, Tiruppur, in

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Crl.RC .No.530 of 2025

S.T.C No.310/2021, thereby convicting the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.

The learned counsel appearing for the petitioner would submit that, at the time of filing the revision, the petitioner had settled the cheque amount to the respondent and both parties had entered into a Memo of Compromise dated 14.03.2025.

On perusal of the Memo of Compromise dated 14.03.2025, it is seen that the parties have amicably settled the dispute, and the respondent has no objection in setting aside the conviction as against the petitioner herein.

In view of the above, the Judgment dated 24.02.2025 passed in C.A.No.298/2023 by the learned I Additional District and Sessions Judge, Tiruppur confirming the Judgment and conviction passed by the Judicial Magistrate, Fast Track Court, Tiruppur, in S.T.C No.310/2021, dated 03.10.2023 are hereby set aside and the terms of Joint Memo of Compromise, dated 14.03.2025 shall form part and parcel of this order.

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Crl.RC .No.530 of 2025

Accordingly, this Criminal Revision Case stands allowed.

Consequently, connected miscellaneous petition is closed.

21.07.2025

Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Nhs

To

The learned I Additional District and Sessions Judge, Tiruppur

The Judicial Magistrate, Fast Track Court, Tiruppur.

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Crl.RC .No.530 of 2025

G.K.ILANTHIRAIYAN. J,

Nhs

Crl.R.C.No.530 of 2025 and Crl.M.P.No.7507 of 2025

21.07.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the conviction of the petitioner under Section 138 of the Negotiable Instruments Act (confirmed in appeal) should be set aside in view of the amicable settlement between the parties recorded in the Joint Memo of Compromise dated 14.03.2025, to which the respondent raised no objection.medium confidence¶22
The court held
In view of the amicable settlement recorded in the Joint Memo of Compromise dated 14.03.2025, the judgment dated 24.02.2025 in C.A.No.298/2023 confirming the conviction in S.T.C No.310/2021 (dated 03.10.2023) is set aside, and the terms of the Joint Memo of Compromise form part and parcel of the order.ratio¶23

Statutes considered

2 provisions across 2 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita, 2023415(2)¶12
Negotiable Instruments Act138¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 24.02.2025 in C.A.No.298/2023 confirming the order of conviction passed in S.T.C No.310/2021¶16
I Additional District and Sessions Judge, Tiruppur · 24.02.2025
Prior proceeding
Trial: petitioner convicted for the offence punishable under Section 138 of the Negotiable Instruments Act in S.T.C No.310/2021 by the Judicial Magistrate, Fast Track Court, Tiruppur (judgment dated 03.10.2023).¶20
Prior proceeding
Appeal C.A.No.298/2023: the I Additional District and Sessions Judge, Tiruppur confirmed the conviction by judgment dated 24.02.2025.¶16
Prior proceeding
At the time of filing the revision, the petitioner settled the cheque amount and both parties entered into a Memo of Compromise dated 14.03.2025.¶21

Parties & counsel

AI extract

petitioner
Papji¶8
Mr.V.Regunathan
respondent
P.Kamaraj¶11
Mr.R.Ezhilarasan

Coram

AI extract

G.K.ILANTHIRAIYANauthor¶37

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 21 Jul 2025 · July
Registered: 9 Apr 2025
Case no.: CRL RC/530/2025
CNR: HCMA010701172025
Topic: Cheque Dishonour
Bench: G.k. Ilanthiraiyan
Disposal: ALLOWED
Case type: Crl.R.C.

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Cite this judgement

Papji v. P.Kamaraj, CRL RC/530/2025 (MAD), decided on 21 July 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bharatiya Nagarik Suraksha Sanhita, 2023415(2)
Negotiable Instruments Act138

View all statutes

Procedural history4

Judgment dated 24.02.2025 in C.A.No.298/2023 confirming the order of conviction passed in S.T.C No.310/2021I Additional District and Sessions Judge, Tiruppur · 24.02.2025
Trial: petitioner convicted for the offence punishable under Section 138 of the Negotiable Instruments Act in S.T.C No.310/2021 by the Judicial Magistrate, Fast Track Court, Tiruppur (judgment dated 03.10.2023).
Appeal C.A.No.298/2023: the I Additional District and Sessions Judge, Tiruppur confirmed the conviction by judgment dated 24.02.2025.

View full history

Bench / Coram

G.K.ILANTHIRAIYAN

Parties & counsel