Madras High Court
Lawrence vs K.J.Selvaraj on 3 February, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN. Crl.R.C(MD)No.958 of 2008 Lawrence ... Petitioner Vs 1.K.J.Selvaraj 2.The State rep by its, The Public Prosecutor, Nagercoil. ... Respondents Prayer: Civil Revision Case filed under Section 397 read with 401 of the Code of Criminal Procedure, to allow the revision petition and set aside the judgment dated 18.04.2007 made in C.C.No.322 of 2000 on the file of the Principal District Munsif cum Judicial Magistrate, Eraniel, as confirmed by the Judgment dated 09.07.2008 made in C.A.No.79 of 2007 on the file of the Court of Sessions, Kanyakumari Division at Nagercoil. !For Petitioner : Mr.C.Mayil Vahana Rajendran ^For Respondent-2 : Mr.P.Kandasamy, GA :ORDER
This Criminal Revision is preferred against the Judgment, dated 18.04.2007 made in C.C.No.322 of 2000, on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Eraniel, as confirmed by the Judgment dated 09.07.2008 made in C.A.No.79 of 2007, on the file of the Court of Sessions, Kanyakumari Division at Nagercoil.
2. The accused is the revision petitioner and he was convicted and sentenced to undergo six months rigorous imprisonment for the commission of offence under Section 138 of the Negotiable Instruments Act and was further directed to pay a compensation of Rs.1,00,000/- by the Court of Principal District Munsif, Eraniel in C.C.No.322 of 2000 and aggrieved by the same, an appeal was filed on the file of Court of Principal Sessions Judge, Kanyakumari Division at Nagercoil and the appeal was partly allowed and instead of paying compensation of Rs.1,00,000/-, the accused was directed to deposit a sum of Rs.3,50,000/- in the Court and after deducting the amount, if any, already deposited and after such deposit, the trial Court was directed to dispose of the complaint. The petitioner / accused aggrieved by the judgment passed by the lower appellate Court has filed this revision.
3. This Court vide order dated 20.06.2014 has referred the matter to the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench and the Medication was successful and the petitioner herein has paid a sum of Rs.1,75,000/- in two installments.
4. The learned counsel appearing for the revision petitioner, on instruction, would submit that the amount agreed to be paid is also paid in full to the 1st respondent / complainant.
5. This Court has also perused the settlement agreement, dated 23.07.2014 signed by both parties.
6. Therefore, in terms of Section 147 of Negotiable Instruments Act, 1881, the offence under Section 138, is compoundable. In terms of Section 328 of Cr.P.C., the composition of offence would have effect of acquittal and therefore, this Revision is allowed and the revision petitioner / accused is acquitted.
7. In terms of clause 6(c) of settlement agreement dated 23.07.2014, the revision petitioner / accused prays for withdrawal of deposit of Rs.40,000/- before the trial Court. It is open to the petitioner to file a petition before the trial Court for withdrawal of the said amount and the trial Court, on filing of such an application, shall put the complainant on notice and pass appropriate orders in terms of the above said agreement.
03.02.2015 Index : Yes / No Internet : Yes / No MPK To
1.The Principal District Munsif cum Judicial Magistrate, Eraniel.
2. The Sessions Judge, Kanyakumari Division at Nagercoil.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.SATHYANARAYANAN, J.
MPK Crl.R.C(MD)No.958 of 2008 03.02.2015