Madras High Court
CRL RC/1061/2023 of N.PALANI Vs G.PRABHU on 25 September 2026
CRL RC No. 1061 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 1061 of 2023
CNR: {HCMA012123012022}
N.Palani
..Petitioner(s)
Vs
G.Prabhu
..Respondent(s)
PRAYER: Criminal Revision Case filed under Section 397 & 401 of Cr.P.C., to call for the records and set aside the order made in CA.No.199 of 2018 dated 12.8.2022 on the file of the II Additional District and Sessions Judge, Tiruvallur at Ponamallee against STC.No.70/2014 dated 26.10.2018 on the file of the Judicial Magistrate, Fast Track Court, Magisterial level No.II, Poonamallee.
For Petitioner(s):
Mr. J.Sudhakaran
For Respondent(s):
No Appearance
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ORDER
This Criminal Revision Case challenges the order dated 12.08.2022 passed in CA.No.199 of 2018 by the learned II Additional District and Sessions Judge, Thiruvallur @ Poonamallee.
2. The learned counsel for the petitioner submitted that the respondent had agreed to settle the matter by payment of Rs.13,40,000/- and failed to make
CRL RC No. 1061 of 2023
payment; that proceedings under Section 138 of the Negotiable Instruments Act being quasi-criminal in nature, any violation of terms of settlement would render the accused liable for the offence.
3. The notice served on the respondent was returned earlier ‘unserved’. Hence, this Court directed the Chief Judicial Magistrate concerned to take necessary steps for effecting service of notice on the respondent. The notice has now been served. Despite service of notice, the respondent has not chosen to enter an appearance.
4. It is seen that the respondent was convicted by the Trial Court for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo 24 months of simple imprisonment and to pay a compensation of Rs.17,40,000/-, and in default, to undergo six months simple imprisonment. The respondent challenged the said finding of guilt and the sentence imposed in C.A.No.199 of 2018 before the learned II Additional District and Sessions Judge, Thiruvallur. Pending the appeal, the parties were referred to the Lok Adalat and they arrived at a settlement, whereby the petitioner agreed to receive a sum of Rs.13,40,000/- in full and final settlement of all claims.
5. According to the petitioner, the respondent has not made the payment in terms of the said settlement. The petitioner, therefore, approached
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the Appellate Court to complain about the violation. By the impugned order, the Appellate Court held that the remedy available to the petitioner was to approach the Civil Court for execution of the Lok Adalat Award.
6. This Court is of the view that the said finding of the Appellate Court is not in accordance with law. The respondent, who had been convicted by the Trial Court, violated the conditions of the settlement entered into between him and the petitioner, before the Lok Adalat, pending the appeal. The consequence of that would be that the respondent has to necessarily challenge the judgment of conviction and sentence on merits in the appeal. Thus, the criminal appeal has to be revived.
7. Accordingly, this criminal revision case stands allowed. The order dated 12.08.2022 passed in CA.No.199 of 2018 by the learned II Additional District and Sessions Judge, Thiruvallur @ Poonamallee, is set aside. The learned Appellate Judge is directed to issue notice to both parties to proceed with the appeal on merits. If the respondent fails to appear, it is open to the Appellate Court to decide the appeal on merits. 25-09-2026 Neutral Citation: Yes/No ham To: The II Additional District and Sessions Judge, Thiruvallur @ Poonamallee.
CRL RC No. 1061 of 2023
SUNDER MOHAN, J. ham CRL RC No. 1061 of 2023 25-09-2026