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2025 Supreme(Online)(Mad) 78700

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
R.Jayanthi – Appellant
Versus
M.Vasuki – Respondent
Crl.R.C.No.877 of 2024



Advocates:
For the Appellants/Petitioners: Mr.L. Mouli
For the Respondents: Mr.V.Ashok Kumar

The court determined that a deed of compromise can invalidate a prior conviction if mutual settlement is reached between the parties.

Headnote:This judgment analyzes the Criminal Revision Case under Section 397 read with Section 401 of the Criminal Procedure Code regarding the conviction and sentence for an offence under Section 138 of the Negotiable Instrument Act. The petitioner was sentenced to one year simple imprisonment and compensation of Rs.4,80,000, a decision which was upheld by the appellate court. However, based on a deed of compromise and mutual settlement between the parties, the court set aside the appellate decision, allowing the revision case.

Table of Content
1. challenge to conviction under 138 faced by the petitioner. (Para 1 , 2)
2. resolution and compromise achieved between parties. (Para 3 , 4 , 5)
3. court acknowledges compromise and sets aside conviction. (Para 6)

ORDER

This Criminal Revision Case has been filed challenging the order dated 29.06.2022 passed by the learned II Additional District and Sessions Judge, Coimbatore confirming the conviction and sentence of the petitioner for the offence under Section 138 of Negotiable Instrument Act to undergo one year Simple Imprisonment and to pay a compensation of Rs.4,80,000/- to the Respondent and in default to undergo three months Simple Imprisonment imposed by the Judgement dated 03.11.2018 passed by the learned Judicial Magistrate No.2, Pollachi Kotagiri in S.T.C.No.1869 of 2016.

2. The petitioner is an accused on the complaint lodged by the respondent for the offence under Section 138 of Negotiable Instrument Act . After full-fledged trial, the Trial Court had convicted and sentenced the petitioner to undergo one year Simple Imprisonment and to pay a compensation of Rs.4,80,000/- to the Respondent and in default to undergo three months Simple Imprisonment. Aggrieved by the same, the petitioner had filed appeal before the learned III Additional District and Sessions Judge, Coimbatore in C.A.No.504 of 2018 and the same was dismissed.

3. Pending the revision, the matter has been referred to mediation centre at Tamilnadu Mediation and Conciliation Centre, Madras High Court and both the petitioner and the respondent have amicably settled the dispute between them and entered into a compromise. The respondent has agreed to withdraw the criminal proceedings initiated against the petitioner and other accused.

4. The learned counsel appearing for the respondent submitted that pursuant to the settlement, the respondent has received monetary compensation and she has no objection to discharge the petitioner and other accused from the criminal proceedings.

5. A Deed of Compromise has been filed before this Court, which has been signed by the petitioner and the respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police.

6. In view of the above, the order dated 29.06.2022 passed by the learned III Additional District and Sessions Judge, Coimbatore in C.A.No.504 of 2018 confirming the Judgement dated 03.11.2018 passed by the learned Judicial Magistrate No.2, Pollachi Kotagiri in S.T.C.No.1869 of 2016 is hereby set aside. The Deed of Compromise, dated 24.07.2025, shall form part and parcel of this order.

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