S.Sunitha Vs B.Mukundan

Prayer : This case has been filed under Sections 397 and 401 of Criminal Procedure Code, to call for the records / judgment in Criminal Appeal No.141 of 2018 dated 23.01.2021 by the Learned V Additional District and Sessions Judge, Coimbatore confirming the conviction and sentence passed in CC.No.448 of 2015 dated 15.03.2018 by the Judicial Magistrate Fast Track Court No.1, Coimbatore.

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For Petitioner(s): Mr. H.Rajasekar For Respondent(s): Mr. S.Suresh

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O R D E R

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The petitioner has preferred the above revision challenging the judgment

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passed by the learned V Additional District and Sessions Judge, Coimbatore in

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Criminal Appeal No.141 of 2018 dated 23.01.2021; confirming the judgment of

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

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CRL RC No. 1599 of 2023

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the learned Judicial Magistrate Fast Track No.I, (Magisterial Level), Coimbatore, convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him to undergo six months Simple Imprisonment and to pay Rs.2,50,000/- as compensation within a period of two months, in default to undergo two months simple imprisonment.

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Pending the Revision, the parties have entered into a compromise by way of filing a joint memo dated 11.02.2026, which is taken on record, by which the respondent had agreed and received a sum of Rs.1,75,000/- in full and final settlement in respect of all his claims. The respondent confirms the compromise, and the fact that he had received a sum of Rs.50,000/- by way of a Demand Draft dated 06.02.2026, bearing DD No.503245.

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The learned counsel appearing on either side submit that the petitioner had already deposited a sum of Rs.1,25,000/- to the credit of C.C. No.448 of 2015 on the file of the Judicial Magistrate (Fast Track Court No.1, Coimbatore, on 22.09.2023 and the respondent may be permitted to withdraw the same.

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In view of the memo of compromise and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the judgment of conviction passed by the Learned V Additional District and Sessions Judge, Coimbatore, in Criminal Appeal No.141 of 2018 dated

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Page2 of 4

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

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CRL RC No. 1599 of 2023

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23.01.2021, confirming the judgment of conviction and sentence dated 15.03.2018 passed by the Judicial Magistrate Fast Track Court No.1, Coimbatore, in C.C. No.448 of 2015, are hereby set aside. The Criminal Revision Case is allowed in terms of the above memo of compromise and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Consequently, the connected miscellaneous petition, if any, is closed. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged. Further, the petitioner is directed to pay a sum of Rs.20,000/-(Rupees Twenty Thousand only) to the Tamil Nadu Mediation and Conciliation Centre, within a period of fours weeks from the date of receipt of a copy of this order.

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