S.Mohamed Luckman v. A.Gnanasekaran

ORDER This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.122 of 2017 dated 13.12.2023 on the file of the Learned Additional District and Sessions Judge, Srivilliputtur, confirming the judgment dated 31.08.2017 in C.C.No.484 of 2013 on the file of the Judicial Magistrate No.I, Sivakasi and acquit the accused.

¶2The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.5,50,000/- from the respondent and promised to return the same within a period of two months. When the respondent asked for the same, the petitioner had issued two cheques, dated

14.09.2013 for an amount of Rs.5,00,000/- and Rs.50,000/- respectively. When the respondent has presented the cheques for collection on

14.09.2013, the same was returned with an endorsement "Account closed". Hence, the respondent has sent legal notice on 24.09.2013 to the petitioner demanding repayment of the amount covered by the cheque and the petitioner had received the same on 25.09.2013. On receipt of the said notice, the petitioner sent a reply with false averments. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act, 1881 against the petitioner.

¶3The complaint was taken on file by the learned Judicial Magistrate No.I, Sivakasi, as C.C.No.484 of 2013. The learned Trial Court convicted the petitioner on 31.08.2017, for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of one year and to pay the cheque amount of Rs.5,50,000/- as compensation to the respondent herein within one month, in default, to undergo further simple imprisonment for a period of three months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No. 122 of 2017 on the file of the Additional District and Sessions Judge, Srivilliputtur and the Additional District and Sessions Judge, Srivilliputtur, by confirming the conviction and sentence, dismissed the appeal. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case.

¶4The matter was referred to the Tamil Nadu Mediation and Conciliation Centre and the same has been settled wherein the revision petitioner had paid an amount of Rs.5,50,000/-to the respondent. The scanned copy of the mediation report is as follows:-

¶5Heard both sides and carefully perused the materials available on record.

¶6The Hon'ble Supreme Court in Ramgopal and another v. State of Madhya Pradesh1, had held that this Court, in exercise of inherent powers, can accept the compromise, even in the case of non-compoundable offences, if the parties have entered into a compromise and the dispute is private in nature.

¶7Though the petitioner is the accused of the offence under Section 138 of Negotiable Instruments Act, the dispute is private in nature. Hence, this Court is inclined to accept the compromise and set aside the order of conviction and sentence imposed by the Courts below.

¶8Accordingly, the mediation report dated 20.07.2026, is taken on file. The Criminal Revision Case is allowed. The conviction and sentence imposed upon the petitioner vide judgment dated 13.12.2023 in Crl.A.No.122 of 2017 on the file of the Additional District and Sessions

(2022) 14 SCC 531 Judge, Srivilliputtur, confirming the judgment in C.C.No.484 of 2013 on the file of the Judicial Magistrate No.I, Sivakasi, dated 31.08.2017, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. Consequently, connected Miscellaneous Petitions are closed.

29.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg gbg To

1.The Additional District and Sessions Judge, Srivilliputtur.

2.The Judicial Magistrate No.I, Sivakasi.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIA GOWRI ,J. gbg Dated: 29.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)Nos.11443 & 11444 of 2026 S.Mohamed Luckman ... Petitioner/Appellant/ Accused Vs. A.Gnanasekaran ... Respondent/Respondent/ Complainant PRAYER : Criminal Revision Case filed under Section 397 r/w 401 B.N.S.S., to call for the records pertaining to the concurrent finding of the judgment in Crl.A.No.122 of 2017 dated 13.12.2023 on the file of the Learned Additional District and Sessions Judge, Srivilliputtur against the judgment in C.C.No.484 of 2013 on the file of the Judicial Magistrate No.I, Sivakasi, dated 31.08.2017 and set aside the same. For Petitioner : Mr.K.Dinesh For Respondent : Mr.R.Jegadeeswaran