Ramesh v. Subramaniyan

ORDER The petitioner has preferred the above revision challenging the judgment passed by the learned Principal District and Sessions Judge, Kallakurichi in Crl.A.No.89 of 2024 dated 12.03.2025, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo six months rigorous imprisonment and to pay cheque amount of Rs.6,25,000/- in default, to undergo Page2 of 8 further Simple Imprisonment for three months.

¶2No name is printed in the cause list in respect of the respondent. However, the learned counsel Mr.S.J.Raja Janakiraman is present and submitted that he had already appeared for the respondent at the time of condonation of delay.

¶3The respondent/complainant appeared through virtual mode and also filed an affidavit stating that he has entered into a compromise with the appellant/accused. In the said affidavit, the respondent has stated that the dispute between the parties has been amicably settled and therefore prayed that the judgment dated 12.03.2025 in Crl.A.No.89 of 2024, on the file of the learned Principal District and Sessions Judge, Kallakurichi, confirming the judgment of conviction and sentence dated 18.12.2023 passed by the learned Judicial Magistrate (FTC), Kallakurichi, in C.C.No.68 of 2021 may be set aside. For ready reference, the scanned image of the affidavit is depicted hereunder:- Page3 of 8 Page4 of 8 Page5 of 8 Page6 of 8

¶4In view of the Compromise reached between the parties, and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the petitioner is acquitted and the judgment of the learned Principal District and Sessions Judge, Kallakurichi in Crl.A.No.89 of 2024 dated 12.03.2025, confirming the judgment of conviction and sentence dated 18.12.2023 passed by the learned Judicial Magistrate (FTC), Kallakurichi, in C.C.No.68 of 2021, are hereby set aside. As a consequence the conviction and sentence passed against the petitioner in C.C.No.68 of 2021 and confirmed in Crl.A.No.89 of 2024 are hereby set aside. Accordingly, the Criminal Revision Case is allowed in terms of the above compromise. The Page7 of 8 petitioner/Ramesh is directed to be released forthwith unless his presence is required in connection with any other case. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged. Consequently, connected Crl.M.P.No.4706 of 2026 stands closed. 10-03-2026 NSL To

¶1The Principal District and Sessions Judge, Kallakurichi.

¶2The Judicial Magistrate (FTC), Kallakurichi.

¶3Central Prison-Cuddalore. CRLoRCoNo.o616oofo2026 C.KUMARAPPAN,oJ. NSL CRLoRCoNo.o616oofo2026 10-03-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN in Crl.M.P.No.4706 of 2026 Ramesh ..Petitioner Vs Subramaniyan ..Respondent Prayer: This Criminal Revision petition is filed under Section 438 r/w. 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the judgment dated 12.03.2025 in Crl.A.No.89 of 2024, on the file of the learned Principal District and Sessions Judge, Kallakurichi, confirming the conviction and sentence in the judgment dated 18.12.2023 made in C.C.No.68 of 2021, on the file of Judicial Magistrate (FTC), Kallakurichi. For Petitioner: Mr.W.Camyles Gandhi For Respondent: Mr.S.J.Raja Janakiraman