K. SUBRAMANIAN Vs. R. RAJATHI

JUDGEMENT

(1.) By filing this petition, the petitioner has prayed to review and recall order dated September 11, 2008 passed by this Court dismissing SLP (Crl.) No. 6974 of 2008 @ Crl. M.P. No. 14586 of 2008, on the ground that the amount of Rs. 4,52,289/- payable by the petitioner to the original complainant, i.e. the respondent herein, is already paid pursuant to the compromise between the parties and the petitioner be permitted to compound the offence. The petitioner has filed Crl. M.P. No. 12801 of 2009, to condone delay of 39 days, caused in filing review application and Crl. M.P. No. 12803 of 2009 to permit him to compound the offence and acquit him by setting aside the conviction recorded in Criminal Case No. 726 of 2003 by the learned Judicial Magistrate Karur. The petitioner has filed another Crl. M.P. No. 12804 of 2009 with a prayer to permit him to produce affidavit sworn by him stating that pursuant to compromise between him and the respondent, he has paid Rs. 4,52,289/- to the respondent as well as affidavit sworn by P. Kaliappan, power of attorney holder of R. Rajathi stating that pursuant to the compromise, he has received a sum of Rs. 4,52,289/- as additional documents.

(2.) This Court has heard the learned Counsel for the petitioner and considered the documents forming part of S.L.P. (Crl) No. 6974 of 2008 and this application.

(3.) From the record, it is evident that the petitioner purchased yarn from Dharani. A. Traders of R. Rajathi, on credit basis. The petitioner had to pay a sum of Rs. 4,52,289/- to R. Rajathi. In discharge of his debt, the petitioner issued three cheques each dated March 7, 2003 for a sum of Rs. 1,51,600/-, Rs. 1,17,302/- and Rs. 1,83,360/- respectively. The respondent presented the cheques in bank for realisation on March 7, 2003, but they were returned unpaid with remark "exceeding of arrangements''.