Revision against concurrent convictions for cheque dishonour. Parties settled; petitioner deposited 5% of settled amount with Legal Services Authority and paid the balance by demand draft and trial court deposit. Offence compounded under Section 359(6) BNSS; revision allowed and acquittal recorded.
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Crl.R.C.(MD)No.1096 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.1096 of 2023 and Crl.M.P.(MD)No.7359 of 2025
S.Xavier Proprietor Jeyam Enterprises ... Petitioner/ Appellant/ Accused
Vs.
R.S.Balamurugan through his power agent S.Rameshkumar ... Respondent/ Respondent/ Complainant
PRAYER : Criminal Revision Case filed under Section 397 & 401 Cr.P.C., to call for the records from learned Additional District and Sessions Judge, Srivilliputhur in C.A.No.39 of 2018, dated 12.04.2023 confirming the order passed by the learned Judicial Magistrate Court No.I, Sivakasi in C.C.No.341 of 2013, dated 01.03.2018 and set aside the same.
For Petitioner : Mr.M.Solaisamy For Respondent : Mr.R.Karunanithi
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Crl.R.C.(MD)No.1096 of 2023
ORDER
The Criminal Revision is directed against the Judgment passed in Crl.A.No.39 of 2018, dated 12.04.2023 on the file of the Additional District and Sessions Court, Srivilliputtur, confirming the Judgment of conviction and sentence, dated 01.03.2018 passed in C.C.No.341 of 2013 on the file of the Judicial Magistrate No.I, Sivakasi.
Crl.R.C.(MD)No.1096 of 2023
considering the submissions made by the learned counsel on either side that the matter has been settled between the parties, this Court directed the petitioner to deposit 5% of the settled amount before the Legal Services Authority attached to this Bench. In pursuance of the said direction, the learned counsel appearing for the petitioner has produced the receipt to show that the petitioner has deposited Rs.15,750/- (Rupees Twelve Thousand and Five Hundred only) being 5% of the settled amount of Rs.3,15,000/- before the High Court Legal Services Committee attached to this Bench.
accused and the respondent/complainant are present before this Court.
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Crl.R.C.(MD)No.1096 of 2023
Negotiable Instruments Act stands compounded under Section 359(6) B.N.S.S.. Hence, the Criminal Revision Case stands allowed and the judgments of the trial Court and the Appellate Court are set aside and the petitioner is acquitted from the charges levelled against him. Consequently, Crl.M.P.(MD)No.7359 of 2025 is ordered. The respondent is permitted to withdraw the amount that was deposited by the petitioner before the trial Court. No costs.
12.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm
To
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Crl.R.C.(MD)No.1096 of 2023
Crl.R.C.(MD)No.1096 of 2023
K.MURALI SHANKAR,J.
csm
Order made in Crl.R.C.(MD)No.1096 of 2023 and Crl.M.P.(MD)No.7359 of 2025
Dated: 12.06.2025
1 issue framed by the court
Should the conviction under Section 138 NI Act be set aside upon compounding of the offence after settlement between the parties?
3 provisions across 3 enactments
S.Xavier Proprietor Jeyam Enterprises
R.S.Balamurugan through his power agent S.Rameshkumar
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
