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K.Vetrivel v. a.George Clement

Madras HC21 Jul 2025CRL RC/955/2025

Case brief

AI extract

What is this about?

Madras High Court, Crl.R.C.No.955 of 2025 and Crl.M.P.Nos.12681 & 12696 of 2025, K.Vetrivel v. A.George Clement, decided 21.07.2025 by G.K. Ilanthiraiyan, J. Conviction under Section 138 Negotiable Instruments Act (trial: S.T.C.No.917 of 2018 dated 25.07.2023; affirmed in C.A.No.69 of 2023 dated 06.06.2024) set aside on the basis of a Joint Memo of Compromise dated 17.07.2025 recording settlement of the cheque amount (quantum not stated in the judgment); revision allowed, connected miscellaneous petitions closed. No precedents cited.

What did the court decide?

Setting aside of the judgment dated 06.06.2024 in C.A.No.69 of 2023 and the conviction in S.T.C.No.917 of 2018 dated 25.07.2023, in terms of the Joint Memo of Compromise dated 17.07.2025; Criminal Revision Case allowed and connected miscellaneous petitions closed. ¶29

K.Vetrivel Vs a.George Clement — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Criminal Revision Case against the judgment of conviction under Section 138 of the Negotiable Instruments Act (as confirmed in appeal) ought to be allowed in view of the amicable settlement between the parties recorded in the Memo of Compromise dated 17.07.2025.

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Court's answer

In view of the amicable settlement recorded in the Joint Memo of Compromise dated 17.07.2025, whereby the petitioner settled the cheque amount and the respondent had no objection to setting aside the conviction, the judgment dated 06.06.2024 in C.A.No.69 of 2023 confirming the conviction in S.T.C.No.917 of 2018 dated 25.07.2023 is set aside, and the terms of the Joint Memo of Compromise shall form part and parcel of the order.

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Ratio / Principle

The Criminal Revision Case stands allowed and the connected miscellaneous petitions are closed.

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Detailed headnote1 paragraphs

Criminal Revision under Section 397 r/w 401 Cr.P.C read with Sections 438 r/w 442 BNSS, 2023 against the judgment dated 06.06.2024 in C.A.No.69 of 2023 (Sessions Division, Nilgiris District at Udhagamandalam) confirming the conviction under Section 138 of the Negotiable Instruments Act imposed by the Judicial Magistrate Court, Udhagamandalam in S.T.C.No.917 of 2018 dated 25.07.2023. At the time of filing the revision, the petitioner settled the cheque amount with the respondent and the parties entered into a Memo of Compromise dated 17.07.2025, wherein the respondent had no objection to the conviction being set aside. Held, allowing the revision: the appellate judgment and the conviction are set aside, and the terms of the Joint Memo of Compromise dated 17.07.2025 form part and parcel of the order; connected Crl.M.P.Nos.12681 & 12696 of 2025 are closed. (G.K. Ilanthiraiyan, J., 21.07.2025)

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Crl.RC .No.955 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.07.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.R.C.No.955 of 2025

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and Crl.M.P.Nos.12681 & 12696 of 2025

K.Vetrivel

..... Petitioner

A.George Clement ..... Respondent

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Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C, 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to set aside the Judgment of the learned court of Sessions Division of the Nilgiris District at Udhagamandalam, in C.A.No.69 of 2023 dated 06.06.2024 modifying the conviction and sentence passed by the Learned Judicial Magistrate Court, Udhagamandalam in S.T.C.No.917 of 2018 dated 25.07.2023 and allow this Criminal Revision Case.

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

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Page 1 of 4

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

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Crl.RC .No.955 of 2025

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ORDER

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This Criminal Revision Case has been filed as against the Judgment dated 06.06.2024 passed in C.A.No.69 of 2023, on the file of the learned court of Sessions Division of the Nilgiris District, Udhagamandalam, confirming the order of conviction passed by the Judicial Magistrate Court, Udhagamandalam in S.T.C.No.917 of 2018 thereby convicting the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.

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The learned counsel appearing for the petitioner would submit

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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 17.07.2025.

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On perusal of the Memo of Compromise dated 17.07.2025, it is

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seen that the parties have amicably settled the dispute, and the respondent has

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no objection in setting aside the conviction as against the petitioner herein.

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In view of the above, the Judgment dated 06.06.2024 passed in C.A.No.69 of 2023 by the learned court of Sessions Division of the Nilgiris

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Page 2 of 4

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

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Crl.RC .No.955 of 2025

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District, Udhagamandalam confirming the Judgment and conviction passed by the Judicial Magistrate Court, Udhagamandalam in S.T.C No.917 of 2018, dated 25.07.2023 are hereby set aside and the terms of Joint Memo of Compromise, dated 17.07.2025 shall form part and parcel of this order.

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