ORDER :

R. Subbiah, J.

This Crl.M.P.S.R.No.63240 of 2019 in Crl.A.No.373 of 2015 is filed under Section 482 of the Code of Criminal Procedure Code, 1973, (for short, Cr.P.C) praying to compound the offence under Section 147 of The Negotiable Instruments Act, (for short, N.I. Act) read with Section 320 Cr.P.C. between the petitioner and the respondent, based on Joint Memo of Compromise, dated 12.12.2019, entered into between the petitioner and the respondent and set the respondent/accused at liberty by recalling the warrant in Criminal Appeal No.373 of 2015 ordered on 09.04.2019.

2.(a). By judgment dated 11.04.2014, the respondent herein was convicted in C.C.No.104 of 2013 by the learned Judicial Magistrate (Fast Track Court), Omalur, (trial Court) for the offence under Section 138 of The Negotiable Instruments Act and sentenced to undergo one year simple imprisonment, together with compensation of Rs.5,00,000/- payable to the complainant.

(b) Assailing the said judgment of conviction, dated 11.04.2014, passed by the trial Court, the respondent (accused) filed Criminal Appeal No.56 of 2014 before the learned II Additional Sessions Judge, Salem. The Appellate Court allowed the appeal on 24.09.2014 by setting aside the judgment of conviction dated 11.04.2014 passed by the trial Court in C.C. No. 104 of 2013, thereby acquitting the respondent/accused.

3. Aggrieved by the judgment rendered by the Appellate Court, acquitting the accused, the complainant filed Criminal Appeal No.373 of 2015 before this High Court. The said Criminal Appeal was allowed by this Court on 09.04.2019. However, the sentence was modified from one year simple imprisonment to two months' simple imprisonment. This Court also confirmed the compensation amount of Rs.5,00,000/- imposed on the respondent/accused by the trial Court. Thus, the Judgment dated 24.09.2014 in Crl.A.No.56 of 2014 of the appellate Court, setting aside the conviction, was reversed and the judgment dated 11.04.2014 passed by the trial Court under Section 138 of The Negotiable Instruments Act, was confirmed.

4. Thereafter, the parties settled the dispute and a Joint Compromise Memo was filed before the Trial court on 04.10.2019 for compounding the offence under Section 147 of The Negotiable Instruments Act. The Joint Compromise Memo was however returned by the learned Judicial Magistrate (FTC), Omalur on 04.10.2019, since the conviction was upheld by the High Court by judgment dated 09.04.2019 in Criminal Appeal No.373 of 2015.

5. Thereafter, on 12.12.2019, a Joint Memo of Compromise entered into between the parties, was filed before this Court in this Criminal.M.P.SR.No.63240 of 2019 in Crl.A.No.373 of 2015 under Section 482 Cr.P.C.

6. The Registry of this High Court also returned the said Crl.M.P.S.R. by entertaining a doubt regarding its "maintainability", in view of Section 362 Cr.P.C. Thereafter, the petition was re-presented on 10.01.2020 with the following endorsement:-

"1. This petition is maintainable based on the Honourable Supreme Court Full Bench Judgment reported in Crl.A.No.1852 of 2019 dated 06 December 2019, wherein paragraph No.11.... "Though this Court pointed out in Davinder Pal Singh (supra) that the exceptions carved out in Section 362 of code would apply only to those provisions where the court has been expressly authorised either by the Code or by any other law but not to the inherent power of the Court, this Court nevertheless held that the inherent power of the Court under Section 482 Cr.P.C. is saved where an order has been passed by Criminal Court, which is required to be set aside to secure the ends of justice or where the proceeding amounts to abuse of the process of Court and the Judgment of this Hon'ble Court reported in 2014 (1) MWN (Cr) DCC 161 (MAD), order passed in Crl.O.P.No.14252 of 2019 and Crl.O.P.(MD).No.13999 of 2019 following the Hon'ble Supreme Court Judgment reported in 1990 2 SCC 437 at Para "3". Hence in the view of Judgments of this Hon'ble Court and Judg