G.Shanmugam v. A.Sugumar

O R D E R The revision challenges the Judgment dated 05.06.2025 passed in Criminal Appeal No.42 of 2024 by the learned Principal District and Sessions Judge, Thiruvarur, confirming the conviction and sentence imposed on the petitioner for the offence under Section 138 of the Negotiable Instruments Act by Judgment dated 31.05.2024 in STC No.16 of 2020 by the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi. The petitioner was sentenced to undergo one year of simple imprisonment and to pay compensation of Rs.3,00,000/- (Rupees Three Lakhs Only), carrying a default sentence of simple imprisonment for three months for the aforesaid offence.

¶2When the revision is taken up for admission, learned counsels on either side would submit that the parties have entered into a compromise by which the respondent had agreed to receive Rs.3,00,000/- (Rupees Three Lakhs Only) in full and final settlement of all his claims. A Joint Compromise Memo dated 09.02.2026 has also been filed by the parties.

¶3The petitioner is present. The respondent identified by his counsel is present, and he confirmed the compromise and the fact that he has received a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) by way of two demand drafts. 2\5

¶4In view of the compromise arrived at 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 09.02.2026 and set aside the conviction and sentence imposed on the petitioner by the trial Court.

¶5Accordingly, the Joint Compromise Memo dated 09.02.2026 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated

09.02.2026. The conviction and sentence imposed on the petitioner vide judgment dated

31.05.2024 in STC No.16 of 2020 by the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi, and confirmed by Judgment dated 05.06.2025 in C.A.No.42 of 2024 by the learned Principal District and Sessions Judge, Thiruvarur, are set aside, and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. Consequently, the connected miscellaneous petition is closed.

09.02.2026 Index: Yes/No Speaking order/Non-Speaking Order dk 3\5 To

¶1The Principal District and Sessions Judge, Thiruvarur.

¶2The Judicial Magistrate, Fast Track Court, Thiruthuraipoondi. 4\5 SUNDER MOHAN,J. dk

CRL.R.C.No.307 of 2026 and Crl.M.P.No.2302 of 2026

09.02.2026 5\5

2026:MHC:556 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2026 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL.R.C.No.307 of 2026 and Crl.M.P.No.2302 of 2026 Mr.G.Shanmugam S/o.Gothandapani Pillai, ...Petitioner/Accused Vs. A.Sugumar S/o.Arumugam, …Respondent/Complainant Prayer : Criminal Revision Petition filed under Section 438 r/w 442 of Bhartiya Nyaya Suraksha Sanhita (BNSS), 2024, to call for records, set aside the Judgment in C.A.No.42 of 2024, dated 05.06.2025, of the Principal District and Sessions Judge, Thiruvarur, confirmed by the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi, in S.T.C.No.16 of 2020, dated 31.05.2024, and acquit the petitioner from all charges. For Petitioner :: M/S.J.Aravind For Respondent :: Mr.C.Jaisurya 1\5