Madras High Court
Shaji vs State Rep.By on 26 March, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.02 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.02 of 2022
and
Crl.M.P.No.2139 of 2022
Shaji ... Petitioner
Vs.
1.State rep.by
Public Prosecutor,
Coimbatore.
2.M/s.Mahindra and Mahindra
Finance Service Limited Rep by its
Power Agent Mr.Tamilarasan,
Register Officer at Gate Way Building,
Appollo Founder, Mumbai 400 001.
Branch Office at No.1201, First Floor,
Avinashi Road, Pappanaickenpalayam,
Coimbatore. ... Respondents
PRAYER: Criminal Revision Petition filed under Sections 397 and 401 of
Criminal Procedure Code, to set aside judgement in Crl.A.No.111 of 2021
dated 09.11.2021 of the learned I Additional District and Sessions Judge,
Coimbatore, dismissed the appeal and confirmed the sentence passed by the
learned Judicial Magistrate Fast Track Court No.II, Coimbatore, in
C.C.No.271 of 2018 dated 26.02.2021 and acquit the
petitioner/appellant/accused.
Page No.1 of 5
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.02 of 2022
For Petitioner : Ms.Malayarasi
for K.Thilageswaran
For R1 : Mr.S.Rajakumar
Additional Public Prosecutor
For R2 : Mr.C.Selvakumar
ORDER
The petitioner was convicted by the trial Court on the complaint filed by the respondent under Section 138 of N.I.Act in C.C.No. 271 of 2018 . Against which, preferred appeal before the Sessions Court in Crl.A.No.111 of 2021. The Sessions Court dismissed the appeal confirming the conviction and sentence by the trial Court. Against which the present revision is filed.
2. The learned counsel for the petitioner submitted that the 2 nd respondent is a financier. Through finance, he had purchased the vehicle. Since the petitioner failed to pay the installment, the 2nd respondent hypothicated his vehicle Mahindra Bolero SIX 2, bearing registration No.TN 20 BM 2549 and received in total Rs.5,27,244/-, in 36 months, he had to repay monthly installment of Rs.12,144/-. The petitioner made default in repayment and the vehicle was repossessed by the 2 nd respondent and thereafter the petitioner issued a cheque bearing No.653229 drawn on South Page No.2 of 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.02 of 2022 Indian bank, Gudalur for Rs.4,61,000/- as full and final settlement. The cheque was presented for encashment but got dishonoured and thereafter Section 138 of N.I.Act proceedings initiated.
3. The learned counsel for the petitioner submits that now the issue between the petitioner and the respondent got resolved during the pendency of the above revision before the mediation centre. In mediation file No.588 of 2022, wherein the memo of compromise recorded between the petitioner and the 2nd respondent and the dispute arising out of dishonour of cheque now amicably settled.
4. Memo of Understanding entered between them in the Mediation Centre produced and perused. MOU has been forwarded by the Tamil Nadu Mediation Centre to this Court, confirms the settlement arrived.
5. In view of the same, nothing survives in the above revision. Hence this Criminal Revision Case is allowed. The judgment of the trial Court, dated 26.02.2021 judgement in in C.C.No.271 of 2018 is set aside. The Page No.3 of 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.02 of 2022 impugned order, dated 09.11.2021 in Crl.A.No.111 of 2021 passed by the lower appellate Court is also set aside. The petitioner is acquitted of all the charges levelled against him. Consequently, the connected Criminal Miscellaneous Petitions are also closed.
26.03.2024 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No rpl To
1.The Judicial Magistrate Fast Track Court No.II, Coimbatore
2.The Public Prosecutor, Coimbatore.
3.The Public Prosecutor, High Court of Madras, Chennai.
Page No.4 of 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.02 of 2022 M.NIRMAL KUMAR,J.
rpl Crl.R.C.No.02 of 2022 26.03.2024 Page No.5 of 5 https://www.mhc.tn.gov.in/judis