Parasuraman Vs S.Sampath

PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to set aside the order passed by the learned Principal Sessions Judge, Vellore dismissing the appeal filed by the petitioner in Crl.A.No.106 of 2019 dated 30.10.2021 by confirming the judgment and conviction of the trial Court learned Judicial Magistrate, Gudiayatham, Vellore District in C.C.No.251 of 2012 dated 23.10.2019 under Section 138 of N.I.Act,

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to undergo Simple Imprisonment for two years and further directing the accused

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to pay double the cheque amount i.e., Rs.2,00,000/- as compensation.

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For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.G.S.Prabhu

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ORDER

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Page No.1 of 7

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

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Crl.R.C.No.79 of 2022

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The petitioner was convicted by judgment, dated 23.10.2019 in CC.No.251 of 2012 by the learned Judicial Magistrate, Gudiyatham (Trial Court) for offence under Sections 138 of Negotiable Instruments Act, 1881 and sentenced to undergo two years Simple Imprisonment and to pay double the cheque amount Rs.2,00,000/- as compensation to the respondent. Aggrieved over the judgment of the trial Court, an appeal was preferred by the petitioner before the learned Principal Sessions Judge, Vellore (Lower Appellate Court) in Crl.A.No.106 of 2019. The Lower Appellate Court, by judgment dated 30.11.2021 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 issue between the petitioner and the respondent got resolved and that the respondent agreed to receive the cheque amount of Rs.1,00,000/-. At the time of admission of the appeal filed before the Lower Appellate Court, the petitioner deposited Rs.40,000/- to the credit of CC.No.251 of 2012 on the file of the Trial Court vide receipt No.73793, dated 09.01.2020. Similarly, at the time of admission of the revision filed before this Court, the petitioner deposited Rs.20,000/- to the credit of CC.No.251 of 2012 on the file of the Trial Court vide receipt No.0049060, dated 18.02.2022. Now, the petitioner paid the balance cheque Page No.2 of 7

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

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Crl.R.C.No.79 of 2022

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amount of Rs.40,000/- by way of demand draft No.620833, dated 08.04.2025 drawn in favour of the respondent. Hence, the cheque amount of Rs.1,00,000/paid to the respondent.

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3.The learned counsel for the respondent confirms the compromise entered between the petitioner and the respondent and also confirms the receipt of the entire cheque amount of Rs.1,00,000/-. He further submitted that the respondent may be permitted to withdraw the deposited amount of Rs.60,000/(Rs.40,000/- + Rs.20,000/-) by filing appropriate petition before the Trial Court. At this juncture, the learned counsel for the petitioner submits that the petitioner has got no objection for the said withdrawal.

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4 .Today, the petitioner and the respondent present before this Court and

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this Court had interacted with the respondent. The respondent reaffirmed the compromise entered with the petitioner and receipt of entire amount. The scanned reproduction of the payment of receipts and demand draft, dated 08.04.2022 are as follows:

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Page No.3 of 7

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

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Crl.R.C.No.79 of 2022

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Page No.4 of 7

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

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Crl.R.C.No.79 of 2022

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5.It is seen that at the time of admission of the appeal filed before the

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Lower Appellate Court, the petitioner deposited Rs.40,000/- to the credit of CC.No.251 of 2012 on the file of the Trial Court vide receipt No.73793, dated 09.01.2020. Similarly, at the time of admission of the revision filed before this Court, the petitioner deposited Rs.20,000/- to the credit of CC.No.251 of 2012 on the file of the Trial Court vide receipt No.0049060, dated 18.02.2022. Now, the petitioner paid the balance cheque amount of Rs.40,000/- by way of demand draft No.620833, dated 08.04.2025 drawn in favour of the respondent. The same is acknowledged by the respondent.

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In view of the above development and in the interest of both the parties

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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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Page No.5 of 7

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

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Crl.R.C.No.79 of 2022

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7.The respondent is d irected to file appropriate petition/memo before the Trial Court. On such filing, t he Trial Court to permit the respondent/complainant to withdraw the amount of Rs.60,000/- along with the accrued interest if any, without any notice to the petitioner.

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8.In the result, the judgment, dated 23.10.2019 in CC.No.251 of 2012 passed by the learned Judicial Magistrate, Gudiyatham and the judgment, dated 30.11.2021 passed by the learned Principal Sessions Judge, Vellore in Crl.A.No.106 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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09.04.2025

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

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vv2

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To

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