A compromise reached between parties allows convictions under Section 138 of the Negotiable Instruments Act to be set aside.

ORDER :

M.Nirmal Kumar, J.

Crl.R.C.No.107 of 2022 filed to set aside the conviction imposed in the judgment dated 30.07.2021 made in C.A.No.40 of 2017 on the file of the learned I Additional Sessions Judge, Tiruppur, confirming the judgment dated 03.03.2017 made in S.T.C No.1070 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur.

2.Crl.R.C.No.108 of 2022 filed to set aside the conviction imposed in the judgment dated 30.07.2021 made in C.A.No.38 of 2017 on the file of the learned I Additional Sessions Judge, Tiruppur, confirming the judgment dated 03.03.2017 made in S.T.C No.1067 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur.

3.Crl.R.C.No.156 of 2022 filed to set aside the conviction imposed in the judgment dated 30.07.2021 made in C.A.No.40 of 2017 on the file of the learned I Additional Sessions Judge, Tiruppur, confirming the judgment dated 14.11.2016 made in S.T.C No.1451 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur.

4.The gist of the case in Crl.R.C.No.107 of 2022 is that the petitioner availed a hand loan of Rs.6,90,000/- for her urgent business requirements from the respondent by way of cheque and in discharge of her liability, the petitioner issued a cheque bearing No.842543 dated 13.10.2005 drawn on UCO Bank, Tiruppur Branch. When the respondent presented the said cheque for collection, the same was returned unpaid on 13.10.2005 due to “Insufficient Funds”. Therefore, the respondent sent a statutory notice to the petitioner on 18.10.2005 calling upon the petitioner to pay the cheque amount within 15 days after the receipt of the notice as contemplated under Section 138 of Negotiable Instruments Act, 1881. After receiving the notice on 24.10.2005, the petitioner neither sent a reply nor paid the cheque amount. Hence, the respondent filed a private complaint. During trial, PW1 to PW4 examined and Ex.P1 to Ex.P16 marked on the side of the complainant and on the side of the accused, no witness examined and no documents marked. After completion of trial, the Trial Court convicted the petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced her to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three months rigorous imprisonment. Further, the petitioner is directed to pay the cheque amount of Rs.6,90,000/- and compensation of Rs.1,00,000/- to the respondent/complainant within a period of three months. Aggrieved against the same, the petitioner preferred an appeal in C.A.No.40 of 2017 before the learned I Additional Sessions Judge, Chennai and the learned Sessions Judge by judgment dated 30.07.2021 dismissed the appeal by confirming the conviction and sentence passed by the Trial Court. Against which, the present revision petition is filed.

5.The gist of the case in Crl.R.C.No.108 of 2022 is that the petitioner purchased yarn from the respondent/complainant under various credit invoices and in the course of business, the petitioner is due and payable for a sum of Rs.1,59,250/- towards the purchases made since 16.02.2005. The petitioner issued three cheques bearing Nos.842532, 842538 and 842513 on various dates for a total sum of Rs.1,59,250/- drawn on UCO Bank, Tiruppur Branch. When the respondent presented the cheques for collection, the same was returned unpaid due to “Insufficient Funds”. Therefore, the respondent sent a statutory notice to the petitioner on 18.10.2005 calling upon the petitioner to pay the cheque amount within 15 days after the receipt of the notice as contemplated under Section 138 of Negotiable Instruments Act, 1881. After receiving the notice on 24.10.2005, the petitioner neither sent a reply nor paid the cheque amount. Hence, the respondent filed a private complaint. During trial, PW1 to PW5 examined and Ex.P1 to Ex.P37 marked on the side of the complainant and on the side of the accused, no witness examined and no documents marked. After completion of trial, th