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CDJ 2026 MHC 4864 My Notes print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : CRL. R.C. (MD) No. 1083 of 2026
Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Parties : P. Ayyappan Versus M. Sakthivel
Appearing Advocates : For the Petitioner: K. Kaviarasan, Advocate. For the Respondent: K. Mohandass, Advocate.
Date of Judgment : 03-07-2026
Head Note :-
BNSS - Section 438 -
Judgment :-

(Prayer: Criminal Revision Case filed under Section 438 BNSS, to call for the records relating to the Judgment dated 13.08.2025 passed in Crl.A.No.31 of 2022 on the file of the Learned Principal Sessions Judge, Theni confirming the order dated 25.02.2022 passed in S.T.C.No. 125 of 2021 on the file of the learned Judicial Magistrate Fast Track Court (ML) at Theni and set aside the same by allowing this criminal revision petition.)

1. This Criminal Revision Case has been filed, assailing the judgment in Crl.A.No.31 of 2022 on the file of the learned Principal Sessions Judge, Theni, dated 13.08.2025, confirming the judgment dated 25.02.2022 in S.T.C.No. 125 of 2021 on the file of the learned Judicial Magistrate Fast Track Court (ML) at Theni and acquit the accused.

2. The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.2,50,000/- from the respondent and had issued a cheque bearing no.772436 dated 04.11.2019. The respondent had presented the cheque for encashment on 08.11.2019. However, the same was returned with an endorsement as “Funds insufficient”. Hence, the respondent had issued a legal notice on 02.12.2019 to the petitioner. The petitioner issued a reply notice with false information. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act, 1881 against the petitioner.

3. The complaint was taken on file by the learned Judicial Magistrate Fast Track Court (ML) at Theni, as S.T.C.No. 125 of 2021. The learned Trial Court convicted the petitioner on 25.02.2022, for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of five months and to pay the cheque amount of Rs.2,50,000/- with an interest at the rate of 9% per annum from the date of dishonour to the respondent within a period of two months, in default, to undergo simple imprisonment for a period of one month. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.31 of 2022 on the file of the Principal Sessions Judge, Theni and the Principal Sessions Judge, Theni, by confirming the conviction and sentence, dismissed the appeal. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case.

4. The learned counsel appearing for the petitioner submitted that the both the parties 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:

                  

5. The learned counsel appearing for the respondent also confirms the fact that the compromise have been entered into between the parties.

6. Heard both sides and carefully perused the materials available on record.

7. The Hon'ble Supreme Court in Ramgopal and another v. State of Madhya Pradesh ((2022) 14 SCC 531), 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.

8. 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 trial Court.

9. Accordingly, the Compromise memo dated 03.07.2026, is taken on file. The Criminal Revision Case is allowed in terms of the Compromise Memo dated 03.07.2026. The conviction and sentence imposed upon the petitioner vide judgment dated 13.08.2025 in Crl.A.No.31 of 2022 on the file of the learned Principal Sessions Judge, Theni, confirming the conviction and sentence imposed by the judgment dated 25.02.2022 in S.T.C.No.125 of 2021 on the file of the Judicial Magistrate Fast Track Court (ML) at Theni, is set aside and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act.
 
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