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Crl.R.C. No. 1644 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Crl. R.C. No. 1644 of 2025

T.K. Rajan,

S/o. Kannaiyan,

No. 5/3, Chinna Thambiran Street,

Erukkancherry,

Chennai –600 118. ..Petitioner

Vs.

P. Jaganathan,

S/o. Paulraj,

No. 93.G.N.T. Road,

Erukkancherry,

Chennai – 600 118. ..Respondent

Prayer: Criminal Revision Petition under Section 438 r/w 442 of BNSS to

set aside the judgment dated 09.01.2024 passed in C.C. No. 761 of 2014 by

the learned XIX Metropolitan Magistrate, Egmore @ Allikulam, Chennai

which has been confirmed by the judgment dated 24.01.2025 passed in

Crl.A. No. 126 of 2024 by the learned XXI Additional Sessions Judge, City

Civil Court, Allikulam, Chennai.

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Crl.R.C. No. 1644 of 2025

For Petitioner :: Mr.A. Kumanaraja

For Respondent :: Ms.M. Saranya

O R D E R

The revision challenges the judgment dated 24.01.2025 passed in

Crl.A. No. 126 of 2024 by the learned XXI Additional Sessions Judge, City

Civil Court, Allikulam, Chennai confirming the judgment dated 09.01.2024

passed by the learned Magistrate in C.C. No. 761 of 2014 convicting the

petitioner for the offence under Section 138 of Negotiable Instruments Act

and sentencing him to undergo simple imprisonment for 3 months and to pay

compensation of Rs.2,00,000/- carrying a default sentence of simple

imprisonment for 4 weeks.

2. Pending the revision, the parties have arrived at a

compromise and the respondent/de facto complainant has agreed to receive a

sum of Rs.2,75,000/- in full and final settlement of all his claims against the

petitioner.

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Crl.R.C. No. 1644 of 2025

3. The learned counsel for the petitioner has filed a memo

dated 28.01.2026 stating that a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) has been paid today by the revision petitioner to the respondent as per

order dated 18.12.2025.

4. The respondent is present in person identified by his counsel and

he also confirmed the same.

5. Learned counsel for the respondent would submit that the

respondent has received a sum of Rs.2,00,000/- by cash today and that the

balance amount of Rs.75,000/-, which has been deposited to the credit of

C.C. No. 761 of 2014 may be permitted to be withdrawn by the respondent.

6. In view of the compromise arrived at and since the offence under

Section 138 of the Negotiable Instruments Act is compoundable, this Court

is inclined to set aside the conviction and sentence imposed on the petitioner

by the trial Court.

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Crl.R.C. No. 1644 of 2025

7. Accordingly, the conviction and Sentence imposed upon the

petitioner vide judgment dated 09.01.2024 in C.C.No.761 of 2014 passed by

the learned XIX Metropolitan Magistrate, Egmore @Allikulam, Chennai and

confirmed by the judgment dated 24.01.2025 made in Crl.A.No.126 of 2024

passed by the learned XXI Additional Sessions Judge, City Civil Court,

Allikulam, Chennai, are set aside and the petitioner is acquitted of the

offence under Section 138 of the Negotiable Instruments Act.

8. The respondent is permitted to withdraw Rs.75,000/-/- [Rupees

Seventy Five Thousand only] deposited to the credit of C.C. No. 761 of

2014 before the trial Court, with accrued interest, by filing appropriate

application. Fine amount, if any, paid by the petitioner shall be refunded.

Bail bond, if any, executed shall stand discharged.

28.01.2026

Neutra Citation: Yes/No

nv

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Crl.R.C. No. 1644 of 2025

To

1. XXI Additional Sessions Judge,

City Civil Court,

Allikulam, Chennai.

2. XIX Metropolitan Magistrate,

Egmore @Allikulam,

Chennai.

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Crl.R.C. No. 1644 of 2025

S UNDER MOHAN,J .

nv

Crl.R.C. No. 1644 of 2025

28.01.2026

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