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2021 DAILYLAW 4252 (MAD)

K.Rajavelu v. M.Jothi Baus

CRL RC(MD)/54/2021 · 2026-08-19

N Gunasekaran

Civil Appealbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.RC(MD).No.54 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2026 CORAM THE HONOURABLE MR.JUSTICE N.GUNASEKARAN CRL.RC(MD).No.54 of 2021 K.Rajavelu ... Petitioner / Petitioner Vs. M.Jothi Baus ... Respondent / Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to set aside the judgment and conviction passed in S.T.C.No. 223 of 2014 dated 21.02.2019 on the file of the learned Judicial Magistrate No.I / FTC at Magisterial Level, Madurai and as confirmed by the VI Additional Sessions Judge, Madurai, in C.A.No.44 of 2019 dated 14.02.2020. For Petitioner : Mr.S.Veeranasamy For Respondent : Mr.D.Senthil ORDER Heard Mr.S.Veeranasamy, learned counsel appearing for the Petitioner and Mr.D.Senthil, learned counsel for the Respondent and also 1/6 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.54 of 2021 this Court has taken the assistance of Mr.C.Christopher, learned Government Advocate (Criminal Side). 2. This Criminal Revision Petition has been filed by the Petitioner to set aside the judgment and conviction passed in S.T.C.No.223 of 2014 dated 21.02.2019 on the file of the learned Judicial Magistrate No.I / FTC at Magisterial Level, Madurai and as confirmed by the VI Additional Sessions Judge, Madurai, in C.A.No.44 of 2019 dated 14.02.2020. 3. The facts of the case in a nutshell, led to filing of this Criminal Revision Petition and necessary for disposal of the same, are as follows:- a) The Petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, by the Judicial Magistrate No.I / FTC at Magisterial Level, Madurai in S.T.C.No.223 of 2014, by the judgment dated 21.02.2019, to undergo simple imprisonment for 6 months and to pay a sum of Rs.1,00,000/- being the cheque amount as compensation to the Respondent. Aggrieved by the judgment of the Trial Court, the Petitioner filed a Criminal Appeal in 2/6 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.54 of 2021 C.A.No.44 of 2019 before the learned VI Additional Sessions Judge, Madurai. b) The learned VI Additional Sessions Judge, Madurai confirming the judgment passed by the Judicial Magistrate No.I / FTC at Magisterial Level, Madurai in S.T.C.No.223 of 2014, dated 21.02.2019, dismissed the said Appeal vide judgment dated 14.02.2020. Aggrieved by the same, the present Criminal Revision Petition has been filed. 4. The respondent/defacto complainant appeared in person along with the learned counsel on record for the petitioner and submitted that the matter in dispute between the parties was settled out of Court. Accordingly, the present Criminal Revision Case is disposed of and the impugned judgment of the learned Judicial Magistrate No.I / FTC at Magisterial Level, Madurai in S.T.C.No.223 of 2014 dated 21.02.2019 confirmed by the learned VI Additional Sessions Judge, Madurai in C.A.No.44 of 2019 dated 14.02.2020 are hereby set aside to secure the ends of justice. The Revision Petitioner shall be treated as acquitted on account of compounding of the offence with the complainant/person 3/6 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.54 of 2021 affected. 5. In the result, (i) The impugned conviction and sentence passed in C.A.No.44 of 2019 dated 14.02.2020 by the learned VI Additional Sessions Judge, Madurai, confirming the conviction and sentence made in S.T.C.No.223 of 2014, dated 21.02.2019 on the file of the learned Judicial Magistrate No.I / FTC at Magisterial Level, Madurai, are hereby setaside. (ii) The conviction and sentence imposed on the Revision Petitioner by both the courts below stands anulled. (iii) The Revision Petitioner shall be treated as acquitted on account of compounding of the offence with the complainant/respondent. 19.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To 1.The VI Additional Sessions Judge, Madurai. 4/6 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.54 of 2021 2.The Judicial Magistrate No.I / FTC at Magisterial Level, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL.RC(MD).No.54 of 2021 N.GUNASEKARAN, J. pal Order made in CRL.RC(MD).No.54 of 2021 Dated: 19.08.2026 6/6 https://www.mhc.tn.gov.in/judis