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2026 Supreme(Online)(Mad) 17039

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
P.Maheswaran – Appellant
Versus
C.Balamurugesan – Respondent
Crl.M.P.No.4019 of 2026



Advocates:
For the Appellants/Petitioners: Mr.P.Rajendran for Mr.T.A.Ebenezer
For the Respondents: Mr.L.Mouli

A compromise can lead to the acquittal of an individual under the Negotiable Instruments Act when all parties agree to settle.

Headnote:The Criminal Revision Petition under Sections 397 and 401 of Cr.P.C. was filed to set aside the conviction and sentence imposed in C.A.No.2 of 2021 for the offence under Section 138 of the Negotiable Instruments Act. The petitioner and respondent reached a settlement where the respondent agreed to receive Rs.6,50,000/- in full satisfaction of the cheque amount, and after confirming payment, the court allowed the revision and set aside the earlier conviction.

Table of Content
1. compromise reached between parties over cheque amount. (Para 1 , 2 , 3)
2. court ratifies settlement and ensures compliance. (Para 4 , 5 , 6)
3. order issued for returning deposited amount to the complainant. (Para 7 , 8)

ORDER

This Court, on 19.02.2026 and 23.02.2026 had passed the following orders:

Proceedings dated 19.02.2026 The petitioner, who is sustaining two concurrent judgments of conviction, had preferred this appeal.

2.Today, there is no representation for the petitioner.

3.The learned counsel for the respondent submitted that in this case the cheque amount is Rs.7,70,000/- and an understanding was arrived between the parties and the respondent agreed to receive Rs.6,50,000/- and give a quietus to the issue. The petitioner, so far, deposited a sum of Rs.3,38,000/- to the credit of S.T.C.No.124 of 2013 before the trial Court and in addition thereto, paid a further sum of Rs.1,50,000/-. In total, the petitioner, so far paid a sum of Rs.4,88,000/- and the balance amount of Rs.1,62,000/- is yet to be paid. Despite several reminders, neither the petitioner nor his counsel are responding. Hence, appropriate steps to be taken to ensure the presence of the petitioner so that the understanding can be completed.

4.It is seen that at the time of admission, this Court, by order dated 20.04.2022, suspended the sentence of the petitioner and granted bail with certain conditions. One of the conditions is that petitioner to appear before the trial Court on the first working day of every month. It is represented that the petitioner is not complying with the condition. Further in this case, the petitioner is not appearing and prosecuting the case.

5.In view of the above, this Court directs the Inspector of Police, Tiruchengode Taluk, Namakkal District/jurisdictional police to ensure the presence of petitioner/Accused – P.Maheswaran, S/o.Patturajan, D.No.47/3, Street No.1, Sattaiampudur, Tiruchengode Taluk, Namakkal District, before this Court on

23.02.2026.

6.Post the case on 23.02.2026. Proceedings dated 23.02.2026 Pursuant to the order passed by this Court on 19.02.2026, today, the jurisdictional police viz. Mr.Palanivel, Inspector of Police, Tiruchengode Taluk Police Station, ensured the presence of the petitioner P.Maheswaran.

2.The petitioner is present. The learned counsel for the petitioner tendered his apology for not being present on the earlier occasion. He now submits that the total cheque amount is Rs.7.70 lakhs and the respondent / complainant agreed to receive Rs.6.50 lakhs and the petitioner so far paid 4.88 lakhs to the respondent and balance 1.62,000/- have also been paid on 22.02.2026 and seeking to allow the Revision.

3.The learned counsel for the respondent confirms the same, which is recorded in order dated 19.02.2026 paragraph No.3 which is extracted hereunder;

“3.The learned counsel for the respondent submitted that in this case the cheque amount is Rs.7,70,000/- and an understanding was arrived between the the parties and the respondent agreed to receive Rs.6,50,000/- and give a quietus to the issue. The petitioner, so far, deposited a sum of Rs.3,38,000/- to the credit of S.T.C.No.124 of 2013 before the trial Court and in addition thereto, paid a further sum of Rs.1,50,000/-. In total, the petitioner, so far paid a sum of Rs.4,48,000/- and the balance amount of Rs.1,62,000/- is yet to be paid. Despite several reminders, neither the petitioner nor his counsel is responding. Hence, appropriate steps to be taken to ensure the presence of the petitioner so that the understanding can be completed.”

4.He further submitted that pursuant to the police taking action to ensure the presence of the petitioner before this Court, on 22.02.2026 the amount of Rs.1,62,000/- has been paid to the respondent towards full and final settlement. The respondent is also now willing to compound the offence. He seeks short accommodation to file a petition u/s.142 petition.

5.This Court appreciates the efforts taken by the learn

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