Madras High Court
R.Devendran vs M.Subramani on 10 November, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.11.2025
Coram:
The Honourable Mrs.Justice T.V.THAMILSELVI
Crl.R.C.No.1601 of 2025
R.Devendran
...Petitioner
Versus
M.Subramani
...Respondent
This Criminal Revision Case is filed under Section 438 r/w. 442 of
BNSS, 2023 praying to set aside the judgment passed in Crl.A.No.672 of
2023 dated 03.07.2025 on the file of Court of VI Additional Sessions Judge,
City Civil Court, Chennai – 104 confirming the conviction and sentence
ordered in C.C.No.3099 of 2019 dated 05.10.2023 on the file of Court of
IIIrd Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai – 15 and
acquit the Appellant/Accused from the charges under Section 138 of
Negotiable Instruments Act by allowing the revision.
For Petitioner : M/s.D.N.Dhurgasha
For Respondent : Mr.J.Satheesh
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ORDER
This Criminal Revision Case has been filed by the petitioner/accused
seeking to set aside the Judgment dated 03.07.2025 in Crl.A.No.672 of 2023
passed by the learned VI Additional Sessions Judge, City Civil Court,
Chennai, confirming the Judgment of conviction and sentence dated
05.10.2023 in C.C.No.3099 of 2019 passed by the learned IIIrd Fast Track
Metropolitan Magistrate, Saidapet, Chennai and acquit him from the charges
under Section 138 of Negotiable Instruments Act.
2. The brief facts of the case are that petitioner/accused obtained a
sum of Rs.3,00,000/- as loan from respondent/complainant and
petitioner/accused had executed a Promissory Note dated 24.11.2017
promising to repay the said loan with interest. Thereafter, on 20.12.2017,
petitioner/accused had obtained a sum of Rs.1,00,000/- from
respondent/complainant by promising to repay the same with interest.
However, after receiving the said loan amounts, when the
respondent/complainant demanded the petitioner/accused to repay the loan
amount, petitioner/accused did not respond. After several attempts made by
respondent/complainant, petitioner/accused had issued a Cheque bearing
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No.963505 dated 30.09.2018 for a sum of Rs.4,00,000/- to
respondent/complainant. When the respondent/complainant presented the
said cheque for encashment, the same was returned unpaid for the reason,
“Insufficient Funds” on 19.12.2018, pursuant to which,
respondent/complainant had issued a Legal Notice dated 11.01.2019 to
petitioner/accused calling upon the petitioner/accused to pay the cheque
amount, but, even after the receipt of said legal notice, petitioner/accused did
not come forward to repay the cheque amount. Therefore,
respondent/complainant had preferred a complaint against the
petitioner/accused for the offence under Section 138 of the Negotiable
Instruments Act, 1881. The IIIrd Fast Track Metropolitan Magistrate Court,
Saidapet, Chennai had taken the said complaint on file in C.C.No.3099 of
2019.
3. Before the Trial Court, on the side of complainant,
respondent/complainant examined himself as P.W.1 and 5 documents were
marked as Exs.P1 to P5. On the side of accused, petitioner/accused
examined himself as D.W.1 and one Mr.Mahendran was examined as D.W.2,
but, no documents were marked.
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4. On appreciation of the oral and documentary evidence, Trial Court
had held that petitioner/accused is found guilty for commission of offence
under Section 138 of the N.I.Act. Therefore, the Trial Court vide Judgment
dated 05.10.2023 in C.C.No.3099 of 2019, convicted the petitioner/accused
and sentenced him to undergo 6 months simple imprisonment and to pay a
sum of Rs.4,50,000/- as compensation to respondent/complainant, in default,
to undergo 1 month simple imprisonment.
5. Aggrieved by the aforesaid judgment of Trial Court,
petitioner/accused had preferred Criminal Appeal No.672 of 2023 before the
learned VI Additional Sessions Judge, City Civil Court, Chennai. However,
Appellate Court vide Judgment dated 03.07.2025, dismissed the said
Criminal Appeal and confirmed the judgment of the Trial Court. Hence,
petitioner/accused has filed this Criminal Revision Case for the relief stated
supra.
6. The learned counsel on either side submitted in unison that the
parties have entered into a Joint Compromise Memo and on the basis of
which, the dispute between the parties has been amicably settled out of
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Court. The learned counsels have also produced the said Joint Compromise
Memo before this Court. Further, the learned counsels have prayed that the
said Joint Compromise Memo may be recorded and this Criminal Revision
Case may be allowed in terms of the said Joint Compromise Memo.
7. The Joint Compromise Memo entered into between the parties
reads as follows:
“JOINT COMPROMISE MEMO FILED BY BOTH PARTIES
1. The Petitioner/Accused and the Respondent/Complainant
respectfully submit that the above Criminal Revision arises from the
conviction and sentence passed in C.C.No.3099/2019 by the III Fast
Track Metropolitan Magistrate Court, Saidapet, Chennai in a
complaint filed under Section 138 of the Negotiable Instruments Act,
1881.
2. The trial Court convicted the accused and directed the
accused to pay a sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty
Thousand only).
3. During pendency of the appeal (Crl.A.No.672/2023) and
later, before this Honourable Court, the accused deposited:
◦ Rs.90,000/- before the Trial Court as per order of the Appellate
Court, and
◦ Rs.1,00,000/- before the Trial Court as per order of the High
Court.
Thus, a total sum of Rs.1,90,000/- stands deposited before the III FTC,
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Saidapet Court.
4. Pending this Criminal Revision, the parties have amicably
settled the entire dispute out of Court.
5. As per the final settlement, the accused has paid the balance
amount of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) to
the complainant by way of Demand Draft having the following
particulars:
◦ Demand Draft No.012874 and Ref.No.001363509272
◦ Dated: 05.11.2025
◦ Drawn on: HDFC Bank, Ashok Nagar Branch, Chennai – 600
083.
◦ In favour of: M.Subramani
The respondent/complainant hereby acknowledges receipt of the
above Demand Draft.
6. By receiving this DD amount, the complainant confirms that
Rs.4,50,000/- (full cheque amount) stands fully settled, including the
deposits made before the District Court and High Court.
7. The Respondent/Complainant states that:
◦ He has no further claim, monetary or otherwise, against the
accused,
◦ the settlement is full and final and
◦ the compromise is entered into voluntarily without any coercion
or pressure.
In view of the above settlement, both parties jointly pray that this
Hon’ble Court may be pleased to:
a) Permit the parties to compound the offence under Section 147 of
the Negotiable Instruments Act, 1881,
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b) Set aside the conviction and sentence passed in C.C.No.3099 of
2019 (and confirmed in Crl.A.No.672/2023),
c) Direct the Trial Court (III FTC, Saidapet) to permit
withdrawal/payment-out of the amount already deposited
(Rs.1,90,000/-) by the accused, in favour of the FTC III
Metropolitan Magistrate Saidapet Court C.C.No.3099 of 2019,
d) Close this Criminal Revision Petition.”
8. The Joint Compromise Memo entered into between the parties is
recorded and the same shall form part of the order.
9. In view of the above submissions made by the learned counsel on
either side, this Criminal Revision Case is allowed in terms of the Joint
Compromise Memo entered into between the parties and Judgment dated
03.07.2025 in Crl.A.No.672 of 2023 passed by the learned VI Additional
Sessions Judge, City Civil Court, Chennai, confirming the Judgment of
conviction and sentence dated 05.10.2023 in C.C.No.3099 of 2019 passed by
the learned IIIrd Fast Track Metropolitan Magistrate, Saidapet, Chennai is
hereby set aside. Consequently, petitioner/accused is acquitted of all
charges. Fine amount, if any, paid shall be refunded to petitioner/accused.
Bail bond(s), if any, executed by petitioner/accused shall stand cancelled.
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10. Considering the request made by the parties in Joint Compromise
Memo regarding the withdrawal of Rs.1,90,000/- which was deposited by
the petitioner/accused to the credit of C.C.No.3099 of 2019 on the file of
Trial Court, this Court directs the learned IIIrd Fast Track Metropolitan
Magistrate, Saidapet, Chennai to refund the petitioner/accused a sum of
Rs.1,90,000/- deposited by him. On receipt of such amount, the
petitioner/accused shall draw a Demand Draft for a sum of Rs.1,90,000/-
(Rupees One Lakh Ninety Thousand only) in the name of the
respondent/complainant and to handover the same to
respondent/complainant.
10.11.2025
mrr
Index: Yes/No
Speaking Order (or) Non-Speaking Order
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To
1.The VI Additional Sessions Judge,
City Civil Court, Chennai.
2.IIIrd Fast Track Metropolitan Magistrate,
Saidapet, Chennai.
3.The Public Prosecutor,
High Court, Madras.
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T.V.THAMILSELVI, J.
mrr Crl.R.C.No.1601 of 2025 10.11.2025 10/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 06:36:26 pm )