J. Gokulakannan v. V.Packianathan

ORDER This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.78 of 2024 on the file of the learned Principal District and Sessions Judge, Theni, dated 16.07.2025, confirming the judgment dated

25.03.2024 in S.T.C.No. 205 of 2023 on the file of the learned Fast Track Court (Magisterial Level), Uthamapalayam and acquit the accused.

¶2The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.5,00,000/- from the respondent on 23.06.2023 and had issued a cheque bearing no.123749 dated 23.08.2023. When the respondent had presented the cheque for encashment, the same was returned with an endorsement "Insufficient funds" on 25.08.2023. Hence, the respondent had issued a legal notice on 01.09.2023 to the petitioner. The petitioner issued a reply notice on 15.09.2023 denying the issuance of cheque and borrowal of loan. 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 Fast Track Court (Magisterial Level), Uthamapalayam, as S.T.C.No.205 of 2023. The learned Trial Court convicted the petitioner on 25.03.2024, for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of six months and to pay the cheque amount of Rs.5,00,000/- to the respondent. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.78 of 2024 on the file of the Principal District and Sessions Judge, Theni and the Principal District and Sessions Judge, Theni, 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 learned counsel appearing for the petitioner submitted that the both the parties have entered into compromise and filed a joint compromise memo to compound the offence. The scanned copy of the joint compromise memo is as follows:-

¶5The learned counsel appearing for the respondent also confirms the fact that the compromise have been entered into between the parties.

¶6Heard both sides and carefully perused the materials available on record.

¶7The 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.

¶8Though 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 trial Court.

¶9Accordingly, the Compromise memo dated 22.04.2026, is taken on file. The Criminal Revision Case is allowed in terms of the Compromise Memo dated 22.04.2026. The conviction and sentence imposed upon the petitioner vide judgment dated 16.07.2025 in Crl.A.No.78 of 2024 on the file of the learned Principal District and Sessions Judge, Theni, confirming the conviction and sentence imposed by the judgment dated 25.03.2024 in S.T.C.No.205 of 2023 on the file of

(2022) 14 SCC 531 the Fast Track Court (Magisterial Level), Uthamapalayam, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. The respondent is permitted to withdraw the amount deposited before the learned Principal District and Sessions Judge, Theni by making a suitable application before the said Court.

03.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To

1.The Principal District and Sessions Judge, Theni.

2.The Fast Track Court (Magisterial Level), Uthamapalayam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIA GOWRI ,J. gbg Dated: 03.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J.Gokulakannan ... Petitioner/Appellant/Accused Vs. V.Packianathan ... Respondent/Respondent/Complainant PRAYER : Criminal Revision Case filed under Section 438 BNSS, to admit the revision petition on file and to call for the records in C.A.No. 78 of 2024 dated 16.07.2025 on the file of the Principal District and Sessions Judge, Theni, confirming the judgment in S.T.C.No.205 of 2023 dated 25.03.2024 on the file of Fast Track Court (Magisterial Level), Uthamapalayam and duly set aside the judgment of the Courts below by acquitting the revision petitioner. For Petitioner : Mr.Sundarapandian For Respondent : Mr.A.K.Manickkam