Crl.R.C.(MD)No.547 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.R.C.(MD)No.547 of 2025 Nathiya ... Petitioner -vs- Amirthalingam ... Respondent PRAYER : Criminal Review Case filed under 438 r/w. 442 of BNSS, 2023, to call for the records relating to the judgment dated 21.02.2025, made in Crl.A.No.138 of 2024 on the file of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai, by confirming the conviction and sentence imposed in S.T.C.No.161 of 2022 on the file of the learned Judicial Magistrate, Fast Track Court, Pattukottai, Thanjavur District, dated 07.08.2023 and set aside the same as illegal. For Petitioner : Mr.S.Sathyachidambaram For Respondent : Mr.T.Sekar ORDER This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.138 of 2024 on the file of the learned III Additional District Sessions Judge, Thanjavur @ Pattukkottai, dated 21.02.2025, confirming https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 the conviction and sentence imposed by the judgment dated 07.08.2023 in S.T.C.No.161 of 2022 on the file of the learned Judicial Magistrate, Fast Track Court, Pattukkottai, Thanjavur District and acquit the accused. 2.The case of the prosecution is as follows:- The defacto complainant and the petitioner's father are friends. The petitioner approached the defacto complainant on 20.06.2022 and she asked for hand loan for Rs.10,00,000/- and on 21.06.2022, the petitioner came to the defacto complainant's house and received a sum of Rs. 9,00,000/- as hand loan for her family expenses and debt incurred as her husband gone abroad and on the day itself, the petitioner issued a cheque dated 21.06.2022, of her bank, namely State Bank of India, Pattukottai Branch, for Rs.9,00,000/- to the defacto complainant. The defacto complainant presented the cheque on 12.09.2022, for collection in the Canara Bank, Pattukkottai Branch and it was dishonored on 13.09.2022 as 'funds insufficient'. Hence, the defacto complainant issued the statutory notice dated 30.09.2022 to the petitioner. The notice was received by the petitioner on 10.10.2022. After the receipt of notice, the petitioner had neither issued reply nor returned the loan amount. The petitioner failed repay the cheque amount within 15 days from the date of receipt of statutory notice. Therefore, the petitioner has to be punished for the offence under Section 138 of Negotiable Instrument Act and the complaint has been filed. Page 2 of 10 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 3.The complaint was taken on file by the learned Judicial Magistrate, Fast Track Court, Pattukkottai, as S.T.C.No.161 of 2022. The learned Trial Court convicted the petitioner on 07.08.2023, for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for eight months and to pay a sum of Rs.8,10,000/- as compensation within a period of two months, in default to undergo simple imprisonment for two months, on the file of the learned Judicial Magistrate, Fast Track Court, Pattukkottai, Thanjavur District. 4.The learned III Additional District Sessions Judge, Thanjavur @ Pattukkottai, confirmed the conviction, and confirmed the sentence and dismissed the Criminal Appeal No.138 of 2024, dated 21.02.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court. 5.The learned counsel appearing for the petitioner submitted that the both the parties have appeared before this Court in person and both of them 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:- https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 6.The learned counsel appearing for the respondent also confirms the fact that the compromise have been entered into between the parties. 7.Heard both sides and carefully perused the materials available on record. Page 7 of 10 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 8.The 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. 9.Though 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 Courts below. 10.Accordingly, the Joint Compromise Memo dated 18.06.2025, is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 18.06.2025. The conviction and sentence imposed upon the petitioner vide judgment dated 21.02.2025, in Crl.A.No. 138 of 2024 on the file of the learned III Additional District Sessions Judge, Thanjavur @ Pattukkottai, confirming the conviction and sentence imposed by the judgment dated 07.08.2023 in S.T.C.No.161 of 2022 on the file of the learned Judicial Magistrate, Fast Track Court, Pattukkottai, Thanjavur 1 (2022) 14 SCC 531 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 District, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. No Costs. 24.06.2025 NCC :Yes/No Index :Yes/No Internet : Yes Mrn To 1.The III Additional District Sessions Judge, Thanjavur @ Pattukkottai. 2.The Judicial Magistrate, Fast Track Court, Pattukkottai, Thanjavur District. Page 9 of 10 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.547 of 2025 L.VICTORIA GOWRI , J. Mrn Crl.R.C.(MD)No.547 of 2025 24.06.2025 https://www.mhc.tn.gov.in/judis