Latha v. Thayalan

ORDER This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.22 of 2021 on the file of the learned Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Theni, dated

05.10.2021, confirming the judgment dated 25.01.2021 in S.T.C.No.41 of 2020 on the file of the learned Judicial Magistrate Fast Track at Theni 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 10.06.2019 and had issued a cheque bearing no.643887 dated 09.08.2019. When the respondent had presented the cheque for encashment, the same was returned with an endorsement "Funds Insufficient" on 04.10.2019. Hence, the respondent had issued a legal notice on 05.10.2019 to the petitioner and the same was received by the petitioner on 14.10.2019. However, the petitioner has neither repaid the amount nor sent a reply notice. 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.41 of 2020. The learned Trial Court convicted the petitioner on 25.01.2021, for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of ten months and to pay a compensation of Rs.5,00,000/- to the respondent with an interest at the rate of 9% per annum from the date of dishonour within a period of one month. In default, to undergo a further period of three months simple imprisonment. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.22 of 2021 on the file of the Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Theni, and the Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, 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.

(2022) 14 SCC 531

¶9Accordingly, the Compromise memo dated 15.02.2023, is taken on file. The Criminal Revision Case is allowed in terms of the Compromise Memo dated 15.02.2023. The conviction and sentence imposed upon the petitioner vide judgment dated 05.10.2021 in Crl.A.No.22 of 2021 on the file of the learned Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Theni, confirming the conviction and sentence imposed by the judgment dated 25.01.2021 in S.T.C.No.41 of 2020 on the file of the Judicial Magistrate Fast Track at Theni, 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 of Rs.1,76,275/- which was deposited before the learned Judicial Magistrate Fast Track at Theni by making a suitable application before the said Court.

09.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg Note : Issue order copy on 13.07.2026. To

1.The Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Theni.

2.The Judicial Magistrate Fast Track , Theni.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIA GOWRI ,J. gbg Dated: 09.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Latha ... Petitioner/Appellant/Accused Vs. Thayalan ... Respondent/Respondent/Complainant PRAYER : Criminal Revision Case filed under Section 438 BNSS, to call for the records and set aside the order passed by the Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Theni in Crl.A.No.22 of 2021 dated 05.10.2021 confirming the order passed by the Judicial Magistrate Fast Track at Theni, S.T.C.No.41 of 2020 dated 25.01.2021. For Petitioner : Mr.S.Ramsundarvijayaraj For Respondent : Mr.J.M.Aravind Paulraj