For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant, respectively.
2.It is the case of the complainant that on 10.01.2017, the accused had borrowed Rs.4,00,000/- and in discharge of the said loan, he issued a cheque dated 26.11.2017 for the said sum, which was dishonoured.
3.After complying with the legal requirements, the complainant initiated a prosecution in C.C.No.29 of 2018 before the Judicial Magistrate (Fast Track), Kallakurichi under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act") against the accused, in which, the trial Court, by judgment and order dated 27.08.2021, convicted the accused and sentenced him to undergo one year rigorous imprisonment and pay the cheque amount of Rs.4,00,000/- as compensation. The appeal in C.A.No.18 of 2021 that was filed by the accused, was dismissed by the III Additional Sessions Court, Kallakurichi on 18.07.2022, challenging which, the concurrent 1/5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.15107 of 2022 findings of the two Courts below, the accused has filed the Criminal Revision in Crl.R.C.No.1314 of 2022 before this Court.
4.Heard the learned counsel appearing for the parties.
5. When the Criminal Revision came up before this Court for hearing on 20.09.2022, it was represented by both the counsel that the matter has been amicably settled between the parties and also filed a joint memo of compromise entered into between the parties to that effect and hence, they prayed for compounding to the offence and also set aside the conviction and sentence passed by the Courts below. Therefore, this Court as per the guidelines issued by the Hon'ble Supreme Court in the case of Damodar S.Prabhu vs. Sayed Babalal H., reported in (2010) 5 SCC 663, directed the petitioner/accused to pay 15% of the cheque amount by way of cost to the Legal Services Authority and list the matter on 30.09.2022 for final disposal.
5.Today when the matter is taken up for hearing, it is seen that the order of this Court dated 20.09.2022 has been complied with and the learned counsel for the parties submitted that the parties have arrived at an amicable 2/5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.15107 of 2022 settlement and prayed for compounding of the offence under Section 147 of the NI Act. In this regard, a petition in Crl.M.P.No.15107 of 2022, in Crl.R.C.No.1314 of 2022 for compounding has been filed.
6. In the joint memo of compromise dated 26.02.2020 that has been filed along with the compounding petition, it is stated as follows :
"5.The petitioner and respondent are jointly compromise their dispute and settled the matter out of court. The respondent is also ready to withdraw the amount of Rs.80,000/- with accrued interest C.C.No.29 of 2018. The balance amount of Rs.3,80,000/- received by the respondent from the petitioner/accused by way of cash on 17.09.2022. Therefore, totally Rs.4,60,000/- received by the respondent from the petitioner for full and final settlement.
6.The respondent is willingly given concern for compound the offence and set aside the sentence and judgment of C.C.No.29/2018 passed by the learned Judicial Magistrate (Fast Track) Kallakurichi and Crl.A.No.18 of 2021 passed by the learned III Additional Sessions Judge at Kallakurichi as against the revision petitioner. "
https://www.mhc.tn.gov.in/judis Crl.R.C.No.15107 of 2022
7. In view of the above, the offence stands compounded under Section 147 of the NI Act and the orders passed by the appellate Court in Crl.A.No.18 of 2021 dated 18.07.2022 and the trial Court in C.C.No.29 of 2018 dated 27.08.2021 are hereby set aside and offence is compounded. The Registry is directed to transmit the original records if any, to the Courts concerned forthwith.
In the result, this Crl.M.P.No.15107 of 2022 stands ordered as prayed for.