R.SIVAKALA Vs. D.SETHURAM

JUDGEMENT

(1.) This Criminal Original Petition has been filed to compound the offence based on the settlement arrived between the petitioner, who is the accused and the respondent, who is the complainant in C.C.No.131 of 2013 on the file of the Judicial Magistrate (Fast Track Court No.1, Magistrate Level), Coimbatore, on a private complaint filed by the respondent for the offence under Section 138 of the Negotiable Instruments Act.

(2.) The trial Court by Judgment dated 17.11.2016 has found the petitioner guilty and convicted him under Section 138 of the Negotiable Instruments Act and sentenced him to undergo Simple Imprisonment for a period of six months and to pay compensation of Rs.18,50,000/- (Rupees eighteen lakhs fifteen thousand only) within two months from the date of Judgment. Aggrieved against the same, the petitioner had filed an appeal before the learned V Additional District and Sessions Judge, Coimbatore in C.A.No.183 of 2016. The lower appellate Court by its Judgment dated 12.02.2018 had confirmed the trial Court Judgment of conviction on the petitioner. As against the Appellate Court Judgment, the petitioner filed Criminal Revision before this Court in Crl.R.C.No.1900 of 2018. This Court in revision by its Judgment dated 11.04.2019 had confirmed the findings of the lower Court, thereby confirming the Judgment of conviction rendered by the Appellate Court.

(3.) Thereafter, the petitioner had approached the respondent and arrived at a compromise and settlement. As per the settlement, the respondent had received a sum of Rs.7,00,000/- (Rupees seven lakhs only), out of which, Rs.6,50,000/- (Rupees six lakhs fifty thousand only) was paid by way of demand draft vide D.D.No.510445, dated 13.05.2019 drawn on ICICI Bank Limited, Tiruppur Main Branch, Tiruppur and Rs.50,000/- (Rupees fifty thousand only) by way of cash as full and final settlement. Thereafter, a joint memo was filed by the petitioner before the Fast Track Court (Magistrate) No.I, Coimbatore.