R.Arul v. B.Sivakumar2. State

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 09.07.2012CoramTHE HON'BLE MR.JUSTICE C.S.KARNANCrl.R.C.No.1299 of 2007R.Arul.. Petitioner/Appellant/ AccusedVs.

B.Sivakumar2. State rep. by The Additional Public Prosecutor, Coimbatore. .. Respondents/Respondent/ ComplainantPrayer :-Criminal Revision is filed under Section 397 r/w 401of Cr.P.C., to call for the records and set-aside the order, confirming the sentence of five months simple imprisonment and also directed to pay Rs.4,000/- as fine in case of any default directed to undergo one month simple imprisonment passed by the learnedJudicial Magistrate-II, Coimbatore in C.C.No.443 of 2005, dated16.10.2006, by the learned Additional District Sessions Judge, FastTrack Court-II, Coimbatore in Crl.A.No.84 of 2007, dated 12.07.2007.For Petitioner : Mr.N.DamodaranFor Respondents : No appearance for R-1 Mr.C.Balasubramaniam for R-2ORDERThe petitioner / appellant / accused has preferred the present revision against the judgment and decree passed in Crl.A.No.84 of2007, on the file of Additional District Sessions Judge, Fast TrackCourt-II, Coimbatore, confirming the conviction and sentence passed in C.C.No.443 of 2005, on the file of Judicial Magistrate-II,Coimbatore.

The short facts of the case are as follows:-The revision petitioner herein / accused had borrowed a loan ofRs.1,00,000/- from the respondent / complainant on 11.11.2003, in order to improve his business, agreeing to pay the said sum with interest at the rate of 24% per annum. In order to discharge part payment of loan, the accused had issued a cheque dated 07.07.2004,drawn on Tamil Nadu Industrial Co-operative Bank, Gandhipuram, KovaiBranch, for a sum of Rs.60,000/- to and in favour of the complainant. The complainant presented the said cheque on the same day forencashment with his bankers, viz., Global Trust Bank, Kovai Branch, https://hcservices.ecourts.gov.in/hcservices/ but it was returned dishonoured on 08.07.2004, with an endorsement of'insufficient funds'. The complainant sent a lawyer's notice to the accused on 19.07.2004, which was received by the accused on30.07.2004, but in spite of receipt of notice, the accused had neither paid the amount nor sent any reply. Hence, the complainant had filed the complaint against the accused for an offence under Section 138 of Negotiable Instruments Act before the JudicialMagistrate-II, Coimbatore.

The case was tried on merits and the learned Magistrate, after scrutiny of oral and documentary evidence held the accused guilty of offence under Section 138 of Negotiable Instruments Act and sentenced the accused to undergo simple imprisonment for five months and also imposed a fine of Rs.4,000/- and in default of payment offine, the accused was to undergo further simple imprisonment for one month.

Aggrieved by the conviction and sentence passed by the trialCourt, the accused had filed an appeal in C.A.No.84 of 2007, before the Additional District Sessions Judge, Fast Track Court-II,Coimbatore. The learned Judge, after scrutiny of oral and documentary evidence and on perusal of the judgment and decree passed by the trial Court, confirmed the conviction and sentence imposed by the trial Court.

Against the dismissal of his appeal, the accused has filed the present revision.

Today, when the matter came up for final hearing, the learned counsel for the accused had submitted that the matter has been settled between the parties amicably and in order to prove the settlement had produced settlement copies of receipt along with compromise memo.

This Court, on hearing the arguments of the learned counselfor the revision petitioner and on scrutiny of the compromise memo and xerox copy of receipt is inclined to set-aside the conviction and sentence passed by the trial Court and confirmed by the appellateCourt.