S.Varalakshmi Vs Sundari

Prayer: This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C., to call for the entire records in so far relates to order passed in CA.14/2021 dated 26.09.2023 on the file of the Principal District and Sessions Judge, Kancheepuram District at Chengalpattu whereby confirming the order passed by the Judicial Magistrate-I, Tambaram, Chennai in STC.No.638/2019 dated 01.03.2021 and set aside the same.

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For Petitioner(s): Mr.C.Prakasam For Respondent(s): Mr.D.Rajendran

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ORDER

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The petitioner has preferred the above revision challenging the judgment

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passed by the learned Principal District and Sessions Judge, Kancheepuram District at Chengalpattu, in C.A.No.14 of 2021 dated 26.09.2023; confirming

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

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CRL RC No. 2176 of 2023

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the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentencing her to undergo three months SI and to pay a fine of Rs.1,000/- (id) to undergo two weeks SI, besides directing the petitioner to pay a compensation of Rs.18,00,000/.

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2.The learned counsel on either side would submit that the parties have arrived at a compromise memo, by which, the respondent has agreed to receive Rs.14,00,000/- (Rupees Fourteen Lakhs only) in full and final settlement of all her claims.

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3.The petitioner has so far paid a sum of Rs.9,00,000/- to the respondent by way of demand draft, which is acknowledged by the respondent. The petitioner agrees to pay the balance sum of Rs.5,00,000/- in two instalments. Accordingly, the petitioner has agreed to pay a sum of Rs.2,50,000/- within a period of four weeks from today and to pay the remaining sum of Rs.2,50,000/within a period of eight weeks from the date of the first payment.

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4.It is stated that the respondent is suffering from cancer and is admitted in the hospital. The respondent has signed in the compromise memo. The petitioner is present and has signed in the compromise memo.

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

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CRL RC No. 2176 of 2023

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5.In view of the compromise memo 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 Principal District and Sessions Judge, Kancheepuram District at Chengalpattu, in C.A.No.14 of 2021 dated 26.09.2023, confirming the judgment of conviction and sentence dated 01.03.2021 passed by the learned Judicial Magistrate No.I, Tambaram, Chennai in S.T.C.No.638 of 2019, are hereby set aside. The Criminal Revision Case is allowed in terms of the above Compromise Memo and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act, on the condition that the petitioner pays a sum of Rs.5,00,000//- in two instalments. The first instalment of Rs.2,50,000/- has to be paid within a period of four weeks from today and the second instalment of Rs.2,50,000/- has to be paid within a period of eight weeks thereafter, failing which, the sentence imposed on the petitioner by the Courts below shall stand confirmed and the Revision will be dismissed without further reference to this Court. Consequently, the connected criminal miscellaneous petitions are closed. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged.

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18-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG

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CRL RC No. 2176 of 2023

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SUNDER MOHAN, J.