ELUMALAI Vs. JAYAVEL

JUDGEMENT

(1.) On the complaint filed by the respondent/complainant under Sec. 138 of the Negotiable Instruments Act, 1881 in S.T.C.No.2576 of 2017, the learned Judicial Magistrate No.IV, Salem, after completing the trial, by judgment, dtd. 6/2/2019, convicted the petitioner/accused under Sec. 138 of Negotiable Instruments Act, 1881 and sentenced to undergo one year Simple Imprisonment. Challenging the same, the petitioner has preferred an appeal before the learned III Additional District Judge, Salem in C.A.No.46 of 2019. The learned III Additional District Judge, Salem by judgment dtd. 5/10/2020, dismissed the appeal, by confirming the judgment of the trial Court. Challenging the same, the petitioner has filed the present revision before this Court.

(2.) During pendency of the above revision, both the parties have arrived at settlement. This Court, by order, dtd. 23/3/2021, directed the petitioner to deposit 15% of the cheque amount before the Registry for compounding the offence. As per the direction of this Court, the petitioner has duly complied with the order and also deposited 15% of cheque amount for compounding the offence. Therefore, the respondent/complainant has also agreed for compromise and compounding the offence.

(3.) Heard the learned counsel for the petitioner/accused and the learned counsel counsel for the respondent/complainant and perused the records.