R. GURUSAMY Vs. R. GOVINDASAMY

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the Accused to permit him and the respondent to compound the offence, based on the settlement arrived between the parties relating to the order of acquittal passed in the judgment dtd. 7/2/2018 made in STC.No.54 of 2016 on the file of the Judicial Magistrate (Fast Track Court No.II) Erode, reversed and convicted in the judgment dtd. 28/8/2018 made in C.A.No.59 of 2018 on the file of the learned II Additional District and Sessions Judge, Erode, which was confirmed by this court by the order dtd. 14/3/2019 in CRL.A.No.722 of 2018.

(2.) The respondent herein had filed a private complaint alleging that the petitioner had committed an offence punishable under Sec. 138 of the Negotiable Instruments Act. Based on the said complaint, the learned Judicial Magistrate (Fast Track Court No.II) Erode, has taken the case on file in STC.No.54 of 2016 and after completing trial, acquitted the petitioner herein by the judgment dtd. 7/2/2018. Aggrieved by the same, the respondent herein had filed an appeal in CA.No.59 of 2018 on the file of the II Additional District and Sessions Judge Erode. The learned II Additional District and Sessions Judge Erode by the judgment dtd. 28/8/2018, allowed the said appeal and set aside the judgment passed by the trial court and convicted the petitioner herein and sentenced to undergo six months Simple Imprisonment for the offence under Sec. 138 of the Negotiable Instruments Act. He also directed the petitioner herein to pay a sum of Rs.15.00 lakhs as compensation within two months, in default, he shall undergo one month Simple Imprisonment. As against the said judgment of conviction and sentence passed by the II Additional District and Sessions Judge Erode, the petitioner herein has filed an appeal under Sec. 374 (2) of Cr.P.C., in Crl.A.No.722 of 2018 before this court. This court by the judgment dtd. 14/3/2019 has dismissed the said Criminal Appeal and thereby confirmed the judgment of conviction and sentence passed by the learned II Additional District and Sessions Judge, Erode in CA.No.59 of 2018.

(3.) The present petition has been filed by the accused under Sec. 482 of Cr.P.C., to permit him and the respondent/complainant to compound the offence.