Crl.A.No.116 of 2011 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 24.04.2025 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.A.No.116 of 2011 A.Arulanandam ... Appellant/Complainant Versus N.Shankar ... Respondent/A4 PRAYER : Criminal Appeal filed under Section 378 of Cr.P.C. praying to set aside the order of acquittal against the respondent/A4 dated 20.12.2010 made in S.T.C.No.379 of 2009 on the file of Judicial Magistrate No.II, Namakkal. Appellant : Mr.M.Guruprasad For Respondent : Mr.G.M.Anantha Kumar JUDGMENT This Court, on 22.04.2025, had passed the following order: In continuation of the orders passed by this Court on 26.02.2025, 21.03.2025 and 07.04.2025, the appellant/complainant and the respondent/accused are both present today. The convicted accused, Murugan (A3) in S.T.C.No.379 of 2009, has been produced before this Court. To show his bonafides, Murugan has produced a 1/6 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2011 demand draft for Rs.5,00,000/-; and the respondent in this appeal has produced a demand draft for Rs.1,00,000/-. The appellant/complainant has agreed to settle the matter and give quietus to the issue on receipt of Rs.9,00,000/- towards the cheque amount of Rs.10,00,000/-. 2. As agreed by the respondent and A3, the balance amount of Rs.3,00,000/- shall be paid to the appellant on or before 24.04.2025 by way of a demand draft. On receipt of the total amount of Rs.9,00,000/-, the appellant shall file appropriate petitions in Crl.R.C.Nos.526 & 1370 of 2012 and in Crl.A.No.116 of 2011. 3. The learned counsel appearing for the respondent submitted that this Court, while dismissing Crl.R.C.Nos.526 & 1370 of 2012, had granted liberty to Sairam (A2) and Murugan (A3) to pay the complainant and seek compounding of the offence. 4. In view of the undertaking to settle the issue, post the matter on 24.04.2025 along with Crl.R.C.Nos.526 & 1370 of 2012. The police, who have ensured the presence of the respondent, are directed not to take further action till 24.04.2025. Accordingly, the Non Bailable Warrant issued by the trial Court against Murugan shall be kept in abeyance till then. 2/6 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2011 2.In continuation and conjunction to the earlier order passed by this Court, today, the balance amount of Rs.3,00,000/- paid by way of Demand Draft. As agreed upon, the appellant had received Rs.9,00,000/- and gives quietus to the entire issue. 3.Pursuant to the order passed by this Court on 21.03.2024, the respondent/Shankar/A4 appeared before this Court. One of the accused Murugan/A3 secured and efforts were taken for execution of warrant against Sairam/A2. In the meanwhile, compromise entered between the appellant and the respondent along with Murugan/A3, who is the petitioner in Crl.R.C.No.526 of 2012 and with Sairam/A2, who is the petitioner in Crl.R.C.No.1370 of 2012. Murugan/A3 contributed Rs.7,00,000/- and Shankar/A4 contributed Rs.2,00,000/-, in total Rs.9,00,000/- paid to the appellant/complainant. Further, while disposing Crl.R.C.No.526 of 2012 filed by A3/Murugan and Crl.R.C.No.1370 of 2012 filed by A2/Sairam, this Court, by a common order dated 29.11.2019 granted liberty to the parties to approach the trial Court for compounding the offence under Section 147 of the Negotiable Instruments Act (‘N.I. Act’), even after the accused are taken 3/6 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2011 into custody and in the event of matter being compounded under Section 147 of the N.I. Act. Hence, the right of A3/Murugan and A2/Sairam for compounding the offence even after dismissal of the revision has been reserved. 4.Today, the learned counsel for petitioner/complainant filed a Petition under Section 147 of the Negotiable Instruments Act, 1881 for compounding the offence in Crl.R.C.Nos.526 and 1370 of 2012. 5.In view of the compromise entered between the appellant/complainant in S.T.C.No.379 of 2009 and accused, namely, M/s.S.L.Enterprises, Represented by Sairam/A1, S.G.Sairam/A2, K.Murugan/A3 and N.Shankar/A4, the offence under Section 138 of the Negotiable Instruments Act is compounded and the accused/A1 to A4 are discharged from the above case. 6.In view of the compounding of the offence, the conviction warrant issued by the learned Judicial Magistrate No.II, Namakkal in D.No.253/25 dated 15.04.2025 stands terminated. 4/6 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2011 7.In view of the same, recording the compounding of the case the Criminal Appeal is disposed of. 24.04.2025 Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi Note: Issue order copy on 02.05.2025. To 1.The Judicial Magistrate No.II, Namakkal. 2.The Public Prosecutor, High Court, Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2011 M.NIRMAL KUMAR , J. rsi Crl.A.No.116 of 2011 24.04.2025 6/6 https://www.mhc.tn.gov.in/judis