M/S.Akshyam Abodes Vs M/S.a.M.H.Umamaheswari — Cheque Dishonour | Madras HC (2026)

M/S.Akshyam Abodes Vs M/S.a.M.H.Umamaheswari — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

Both Criminal Revision Cases allowed in terms of the Joint Compromise Memo dated 19.01.2026; common judgment dated 03.08.2023 in Crl.A.Nos.372 and 373/2022 and the underlying trial judgments dated 15.11.2022 set aside; petitioner acquitted under Section 138 NI Act, 1881; bail bond, if any, discharged.

Issue for consideration

Whether, given the parties' compromise pending the revisions and the fact that the offence under Section 138 NI Act is compoundable, the Court should accept the Joint Compromise Memo dated 19.01.2026 and set aside the conviction and sentence imposed on the petitioner by the Courts below. +1 more

Court's answer

The respondent, who appeared through video conferencing and was identified by her counsel, confirmed receipt of Rs.13,00,000/- from the petitioner and submitted that she has no further claims, grounding acceptance of the compromise.

Ratio / Principle

Because the parties arrived at a compromise and the offence under Section 138 of the Negotiable Instruments Act is compoundable, the Court accepted the Joint Compromise Memo dated 19.01.2026 and set aside the conviction and sentence imposed on the petitioner by the Courts below.

Key takeaways

Both Criminal Revision Cases are allowed in terms of the Joint Compromise Memo dated 19.01.2026.ratio¶32
The common judgment dated 03.08.2023 in Crl.A.Nos.372 and 373/2022 confirming the trial judgments in C.C.Nos.45 and 46/2019 is set aside; the petitioner stands acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881, and any bail bond executed stands discharged.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J., 19-01-2026), CRL RC Nos. 936 and 947 of 2024 - Compoundment of Section 138 NI Act convictions upon post-revision compromise. By a common judgment dated 03.08.2023, the XXI Additional Sessions Judge, Chennai in Crl.A.Nos.372 and 373/2022 had dismissed the appeals and confirmed the judgments dated 15.11.2022 of the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai in C.C.Nos.45/2019 and 46/2019, convicting the petitioner (M/s.Akshyam Abodes) under Section 138 of the Negotiable Instruments Act, 1881 with 3 months simple imprisonment and Rs.10,00,000/- and Rs.3,00,000/- compensation respectively. Pending the revisions, the parties compromised: the complainant, appearing by video conferencing and identified by her counsel, confirmed receipt of Rs.13,00,000/- in full and final settlement, and a Joint Compromise Memo dated 19.01.2026 signed by both parties and their counsel was taken on record. Holding that the Section 138 offence is compoundable, the Court accepted the memo, allowed both revision petitions, set aside the appellate and trial judgments, acquitted the petitioner, and discharged his bail bond.

CRL RC Nos.936 & 947 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE Mr.JUSTICE SUNDER MOHAN

CRL RC Nos. 936 and 947of 2024

M/s.Akshyam Abodes Rep. by Proprietor V.P.Sathish Kumar No.19, Ground Floor, 6, I Main Road Vijaya Nagar, Velacherry, Chennai 600 042

Petitioner(s) in both cases

Vs

A.M.H.Umamaheswari W/o. AMO Harihareswara Rao Rep. Power Holder Mr.MH Naga Brahadeesh Plot No. 26, First Floor, Classsic Enclave 1^st Street, Injambakkam, Chennai 600115

Respondent(s) in both cases

CRL RC No. 936 of 2024

PRAYER

To call for the records in respect of the impugned order dt 03.08.2023 on the file of Honble XXI Additional Sessions Court Chennai in Crl.A.No. 372/2022 dismissing the appeal and consequentially confirming the judgment dt 15.11.2022 of the Honble Fast Track Metropolitan Magistrate Court No. IV, GT, Chennai in C.C.NO. 45/2019 and set aside the same and allow the revision petition and pass such further or other order or orders as may deem fit and thus render justice.

CRL RC No. 947 of 2024

PRAYER

To call for the records in respect of the Impugned Order dt.03.08.2023 on the file of Honble XXI Additional Sessions Court Chennai in Crl.A.No.373/2022 dismissing the appeal and consequentially confirming the Judgment dt.15.11.2022, of the Honble Fast Track Metropolitan Magistrate Court No.IV, GT, Chennai in C.C.No.46/2019 and set aside the same and allow the revision

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CRL RC Nos.936 & 947 of 2024

petition and pass such further or other order or orders as may deem fit and thus render justice.

For Petitioner(s): Mr.R.Anbu in both cases For Respondent(s): Mr.A.M.O.Gurunarayana Rao in both cases

COMMON ORDER

These Criminal Revision Petitions challenge the common judgment dated

03.08.2023, passed by the learned XXI Additional Sessions Judge, Chennai, in Crl.A.Nos.372 and 373/2022, dismissing the appeals, confirming the judgment dated 15.11.2022, passed by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai in C.C.No.45 and 2019, convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo 3 months simple imprisonment and to pay Rs.10,00,000/- as compensation to the respondent within one month and also confirming the judgment dated 15.11.2022, passed by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai in C.C.No.46 and 2019, convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo 3 months simple imprisonment and to pay Rs.3,00,000/- as compensation to the respondent within one month.

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CRL RC Nos.936 & 947 of 2024

2.The parties arrived at a compromise pending these revisions, by which,

the respondent agreed to receive a sum of Rs.13,00,000/- in full and final settlement of all her claims. The respondent who appeared through video conferencing is identified by her counsel. The respondent confirmed that she has received a sum of Rs.13,00,000/- from the petitioner and she also submitted that she has no further claims as against the respondent. The parties have filed a Joint Compromise Memo dated 19.01.2026, signed by both the parties and their respective counsel and the same is taken on record. The petitioner is also present in person.

3.Considering the fact that the parties have arrived at a compromise and since the offence under Section 138 of the Negotiable Instruments Act is compoundable, this Court is inclined to accept the Joint Compromise Memo dated 19.01.2026 and set aside the conviction and sentence imposed on the petitioner by the Courts below.

4.Accordingly, these Criminal Revision Cases are allowed in terms of the Joint Compromise Memo dated 19.01.2026. The common judgment dated 03.08.2023, passed by the learned XXI Additional Sessions Judge, Chennai, in Crl.A.Nos.372 and 373/2022, confirming the judgments dated 15.11.2022, passed by the learned Metropolitan Magistrate, Fast Track Court No.IV, George

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CRL RC Nos.936 & 947 of 2024

Town, Chennai in C.C.No.45 and 2019 and C.C.No.46 and 2019 , are set aside and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881. Bail bond, if any, executed shall stand discharged.

19-01-2026

gya Index:Yes/No Neutral Citation:Yes/No

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CRL RC Nos.936 & 947 of 2024

To

1.The XXI Additional Sessions Judge Chennai

2.The Metropolitan Magistrate Fast Track Court No.IV George Town, Chennai

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CRL RC Nos.936 & 947 of 2024

SUNDER MOHAN, J.

gya

CRL RC Nos. 936 and 947of 2024

19-01-2026

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