Criminal Appeal No. 104 of 2023 · Madras High Court
Case at a glance
Outcome
Allowed
2025 is taken on file and the criminal revision stands allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 438, 442
- Negotiable Instruments Act, 1881 s. 138
- Code of Criminal Procedure, 1973 s. 357(3)
Key paragraphs
- Para 33. In view of the compromise arrived at, this Court is inclined to set aside the impugned judgments. Accordingly, the Joint Compromise Memo dated 28.11.2025 is taken on file and the criminal revision stands allowed. The judgment dated 07.07.2025, by the learned Sessions Judge, Magalir…
Judgment
1/4CRL RC No. 2690 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19-12-2025CORAMTHE HONOURABLE MR.JUSTICE SUNDER MOHANCRL RC No. 2690 of 2025andCrl.M.P.Nos.23553 & 23555 of 2025R.RamalingamPetitioner(s)Vs.
Jayakumar2.State Rep by the Public Prosecutor, The Nilgiris. Respondent(s)PRAYER: Criminal Revision filed under Sections 438 & 442 of BNSS to set aside the order in STC.No.20/2021 in order dated 10.10.2023 on the file of learned Judicial Magistrate, Fast Track Magistrate Level at Coonoor and the order dated 07.07.2025 by the Sessions Judge, Magalir Neethimandram (FTMC) at Udhagamandalam, The Nilgiris in Crl.A.No.104 of 2023 confirmed dated 07.07.2025.For Petitioner(s):Mr.P.K.RajangamFor Respondent(s):Mr.M.Saiguna For R1ORDERThis petition has been filed to set aside the judgment in Crl.A.No.104 of 2023 confirming the judgment in STC.No.20 of 2021, convicting the petitioner for the offence under Section 138 of N.I Act and sentencing him to undergo simple imprisonment for a period of six months and also to pay the cheque https://www.mhc.tn.gov.in/judis 2/4CRL RC No. 2690 of 2025amount of Rs.4,00,000/- as compensation under Section 357 (3) Cr.P.C., to the complainant within three months from the date of 10.10.2023, failing which, to undergo the sentence of simple imprisonment of two months.
The learned counsel submits that the parties have entered into a compromise and the complainant had agreed to receive a sum of Rs.4,00,000/- (Rupees Four Lakhs only) in full and final settlement of all his claims. The complainant is present in person before this Court and filed a joint compromise memo. The complainant confirms the fact that he has received 80% of the cheque amount from the petitioner. It is submitted that the petitioner has deposited 20% of the cheque amount to the credit of STC.No.20 of 2021, on the file of the learned Judicial Magistrate, Fast Track Magistrate Level at Coonoor and the complainant may be permitted to withdraw the same.
Operative part
In view of the compromise arrived at, this Court is inclined to set aside the impugned judgments. Accordingly, the Joint Compromise Memo dated 28.11.2025 is taken on file and the criminal revision stands allowed. The judgment dated 07.07.2025, by the learned Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris, Crl.A.No.104 of 2023, confirming the judgment passed in STC.No.20 of 2021, dated 10.10.2023, by the learned Judicial Magistrate, Fast Track Magistrate Level at Coonoor, convicting the petitioner are set aside. The petitioner is acquitted of all the https://www.mhc.tn.gov.in/judis 3/4CRL RC No. 2690 of 2025charges. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. Consequently, connected miscellaneous petitions are also closed.
The first respondent is permitted to withdraw the sum equivalent to 20% of the cheque amount also deposited by the petitioner.19-12-2025Index: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/NosliTo1.The Judicial Magistrate, Fast Track Magistrate Level, Coonoor. 2. The Sessions Judge, Magalir Neethimandram (FTMC) Udhagamandalam, The Nilgiris. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 4/4CRL RC No. 2690 of 2025SUNDER MOHAN, J.sliCRL RC No. 2690 of 2025 19-12-2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 2025 is taken on file and the criminal revision stands allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 438, 442; Negotiable Instruments Act, 1881 — s. 138; Code of Criminal Procedure, 1973 — s. 357(3).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.