Madras High Court
M/S. Micro Steels vs M/S. Bombay Hardware Private Limited … on 30 July, 2026
CRL RC No. 730 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-07-2026
CORAM
THE HON'BLE MR.JUSTICE SHAMIM AHMED
CRL RC No. 730 of 2026
1. M/s. Micro Steels, Having Office at No. 659,
E.M.T.H. Road, Mannupet, Chennai 600 050.
2. D.Sheik Dawood, Partner of Micro Steels,
Having Office at No. 659, E.M.T.H. Road,
Mannupet, Chennai 600 050.
3. Bhuto, Partner of Micro Steels,
Having Office at No. 659, E.M.T.H. Road,
Mannupet, Chennai 600 050.
..Petitioner(s)
Vs
M/s. Bombay Hardware Private Limited Company
Rep. by Managing Director, Veera J Metha,
Duly Authorised his Power of Attorney Agent,
Mr.R.Sampath, Sales Manager,
S/o.P.Ramachandran, No.32, Sembudoss Street,
Chennai 600 001.
..Respondent(s)
Prayer:- This Criminal Revision Case is filed against the judgement of
conviction and sentence, dated 29.01.2026, passed in C.A.No.662 of 2023, by
the XV Additional Sessions Judge, City Civil Court at Chennai, confirming the
judgement of conviction and sentence, dated 09.10.2023, passed in
CC.No.1281 of 2016, by the Metropolitan Magistrate, Fast Track Court No.IV,
George Town, Chennai.
For Petitioner(s): MR.R.Rajasekaran
For Respondent(s): Ms.M.Jayanthi
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ORDER
1. This Criminal Revision Case is filed, against the judgement of conviction
and sentence, dated 29.01.2026, passed in CA.No.662 of 2023, by the IV
Additional Sessions Judge, City Civil Court, Chennai, confirming the
judgement of conviction and sentence, dated 09.03.2023, passed in
CC.No.1281 of 2016, by the Metropolitan Magistrate, FTC No.IV,
George Town, Chennai.
2. The facts of the case are as follows:-
(a) The Revision Petitioners/A1 to A3 were carrying on the business of steel
materials and dealing with the Respondent/ complainant. During the
course of the said business, it was found that a sum of Rs.82,34,473/-
was due and payable by the Revision Petitioners. Towards discharge of
the said amount, the Revision Petitioners had issued five cheques, dated
29.01.2016, for Rs.10,00,000/-, Rs.12,34,473/-, Rs.20,00,000/-,
Rs.20,00,000/- and Rs.20,00,000/-, respectively, in favour of the
Respondent. When the said cheques were presented for enchashment,
they were dishonoured. Hence, the Respondent had filed a complaint in
CC.No.1281 of 2016, against the Revision Petitioners, for the offence
under Section 138 of the Negotiable Instruments Act, before the Trial
Court, for recovery of the said sum.
(b) Before the Trial Court, on the side of the Complainant, PW.1 was
examined and Ex.P1 to Ex.P12 were marked and on the side of the
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Accused, DW.1 was examined and Ex.D1 was marked. By the impugned
judgement of conviction and sentence of the Trial Court, dated
09.10.2023, A1 was convicted and sentenced for the offence under
Section 138 of the Negotiable Instruments Act to pay a fine of
Rs.71,34,473/- as compensation, to the complainant and the 2nd accused
was convicted and sentenced for the offence under Section 138 of the
Negotiable Instruments Act to undergo Simple Imprisonment for three
months and to pay a fine of Rs.25,000/-, as compensation to the
complainant and the 3rd accused was convicted and sentenced for the
offence under Section 138 of the Negotiable Instruments Act to undergo
Simple Imprisonment for three months and to pay a fine of Rs.25,000/-,
as compensation to the complainant.
(c) In the appeal filed by the Revision Petitioner, by the impugned judgement
of conviction and sentence, dated 29.01.2026, the lower appellate court
had confirmed the judgement of conviction and sentence of the Trial
Court. Hence, this Criminal Revision Case has been filed by the Revision
Petitioners/Accused, seeking the relief, as stated above.
3. This Court Heard Mr.C.Jayavel for Mr.R.Rajasekaran, the learned counsel
for the Revision Petitioner and Ms.N.Jayanthi, the learned counsel for the
Respondent.
4. During the pendency of the present Criminal Revision Case before this
Court, the parties have entered into a Joint Memorandum of Compromise,
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dated 15.06.2026, which is taken on record and it reads as under:-
“The appellants/accused and respondent/complainant humbly jointly
submit as follows:
1. It is submitted that the petitioners/accused have preferred the main
Revision petition as against the judgment of the Learned XV
Additional Judge, City Civil Court at Chennai in C.A. No: 662 of
2023 dated 29.01.2026 confirming the judgment of conviction passed
by the Learned Metropolitan Magistrate, Fast Track Court No: IV,
George Town, Chennai dated 09.10.2023 convicting the petitioners
for offences under sections 138 of Negotiable Instruments Act in C.C.
No. 1281 of 2016 and sentencing the first petitioner u/s. 255(2) of
CR.P.C. and to pay a fine of Rs.71,34,473/- on payment shall be paid
to the respondent under section 357 (1) CR.P.C. and sentencing the
second and third petitioners to undergo simple imprisonment for the
period of three months and to pay fine of Rs. 25,000/- each on
payment shall be paid to the respondent under section 357 (1)
CR.P.C.
2. The Petitioners/accused and Respondent/Complainant jointly
submit that pending the subject revision, the Petitioners/accused and
the respondent/complainant herein had arrived a out of court
compromise in the above case. The Respondent/Complainant agreed
and undertakes that there is no further amount is due or claim from
the petitioners/appellants/accused.
3. It is mutually agreed that, the during the pendency of the appeal
proceedings, the petitioners have deposited 20% of the amount of fine
directed to be paid, namely a sum of Rs.14,26,895/- (Rupees Fourteen
Lakhs twenty six thousand eight hundred and ninety five only) vide
Receipt No.01539 dated 21/12/2023, shall be withdrawn by the
respondent/complainant from the court along with interest and the
Petitioners/Accused hereby give their consent for the withdrawal of
amount directly from the court by the Respondent/Complainant and in
the event of the respondent/complainant filing a separate petition for
withdrawal of the said amount, the court can pass the said order
without notice to the petitioners/accused as they same is one of the
condition in this compromise. The original receipt for payment of said
money is handed over to the complainant on this
day.
4. In view of the above compromise, it is jointly prayed that this
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CRL RC No. 730 of 2026Hon’ble Court may bepleased to record this Joint Memo of
Compromise and the present case as against the Petitioners/Accused
may be compounded as under Section 147 of the Negotiable
Instruments Act and this Hon’ble Court may be pleased to acquit the
Petitioners/Accused by setting aside the Conviction and Sentence
passed by the Learned Metropolitan Magistrate, Fast Track Court
No: IV, George Town, Chennai dated 09.10.2023 and confirmed by
the Hon’ble XV Addl Sessions Judge, Chennai and pass such orders
as this Hon’ble Court deems fit and thus render justice.
Dated at Chennai on this the 15th day of June 2026”
5. The learned counsel for the Revision Petitioner has submitted that during
the pendency of this Criminal Revision Case before this Court, the parties
have entered into a Joint Memorandum of Compromise, dated 15.06.2026
to the effect that the Criminal Revision Case shall be settled, in
accordance with the terms and conditions, as contained therein.
6. The learned counsel for the Revision Petitioner has further submitted that
as per the terms of the said Joint Memorandum of Compromise, the
complainant undertook that there is no further amount due and payable by
the Revision Petitioner and that the parties have further agreed that the
Respondent is entitled to withdraw a sum of Rs.14,26,895/-, being 20% of
the fine amount, deposited by the Revision Petitioner before the Trial
Court, during the pendency of the appeal, for which, the Revision
Petitioner shall extend his full cooperation, by signing all necessary
documents and thus, no amount is due against the Revision Petitioner.
7. The learned counsel for the Respondent has submitted that there is no
further amount due and payable by the Revision Petitioner and that the
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Revision Petitioner has agreed to extend his full cooperation for
withdrawal of the amount of Rs.14,26,895/-, being 20% of the fine
amount, deposited by the Revision Petitioner, before the Trial Court, and
thus, no amount is due against the Revision Petitioner.
8. The learned counsel for the Revision Petitioner has further submitted that
on the basis of change in circumstances, the parties have entered into a
Joint Memorandum of Compromise and hence, the learned counsel prayed
this Court to compound the offence and to acquit the Revision Petitioner.
9. In support of his arguments, learned counsel for the Revision Petitioner has
submitted that in the case of Damodar S. Prabhu vs. Sayed Babalal H
reported at 2010 (2) SCC (Cri) 1328, the Hon’ble Apex Court had
formulated the guidelines for compounding the offence under section 138
of Negotiable Instruments Act, wherein in para 21, it was pleased to
observe as under :-
“With regard to the progression of litigation in cheque bouncing
cases, the learned Attorney General has urged this Court to frame
guidelines for a graded scheme of imposing costs on parties who
unduly delay compounding of the offence. It was submitted that the
requirement of deposit of the costs will act as a deterrent for delayed
composition, since at present, free and easy compounding of
offences at any stage, however belated, gives an incentive to the
drawer of the cheque to delay settling the cases for years. An
application for compounding made after several years not only
results in the system being burdened but the complainant is also
deprived of effective justice. In view of this submission, we direct
that the following guidelines be followed:-
THE GUIDELINES
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(i) In the circumstances, it is proposed as follows:
(a) That directions can be given that the Writ of Summons be
suitably modified making it clear to the accused that he could make
an application for compounding of the offences at the first or second
hearing of the case and that if such an application is made,
compounding may be allowed by the court without imposing any
costs on the accused.
(b) If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the
Magistrate at a subsequent stage, compounding can be allowed
subject to the condition that the accused will be required to pay
10% of the cheque amount to be deposited as a condition for
compounding with the Legal Services Authority, or such authority as
the Court deems fit.
(c) Similarly, if the application for compounding is made before the
Sessions Court or a High Court in revision or appeal, such
compounding may be allowed on the condition that the accused pays
15% of the cheque amount by way of costs.
(d) Finally, if the application for compounding is made before the
Supreme Court, the figure would increase to 20% of the cheque
amount.”
10. The learned counsel for the Revision petitioner also submitted that in the
case of M/s Meters and Instruments Private Limited and another vs.
Kanchan Mehta reported at 2017 (7) Supreme 558, the Hon’ble the Apex
Court in para 18, was pleased to observe as under :-
i) Offence under Section 138 of the Act is primarily a civil wrong.
Burden of proof is on accused in view presumption under Section
139 but the standard of such proof is “preponderance of
probabilities”. The same has to be normally tried summarily as per
provisions of summary trial under the Cr.P.C. but with such
variation as may be appropriate to proceedings under Chapter
XVII of the Act. Thus read, principle of Section 258 Cr.P.C. will
apply and the Court can close the proceedings and discharge the
accused on satisfaction that the cheque amount with assessed costs
and interest is paid and if there is no reason to proceed with the
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punitive aspect.
(ii)The object of the provision being primarily compensatory,
punitive element being mainly with the object of enforcing the
compensatory element, compounding at the initial stage has to be
encouraged but is not debarred at later stage subject to
appropriate compensation as may be found acceptable to the
parties or the Court.
(iii)Though compounding requires consent of both parties, even in
absence of such consent, the Court, in the interests of justice, on
being satisfied that the complainant has been duly compensated,
can in its discretion close the proceedings and discharge the
accused.
(iv)Procedure for trial of cases under Chapter XVII of the Act has
normally to be summary. The discretion of the Magistrate under
second proviso to Section 143, to hold that it was undesirable to try
the case summarily as sentence of more than one year may have to
be passed, is to be exercised after considering the further fact that
apart from the sentence of imprisonment, the Court has
jurisdiction under Section 357(3) Cr.P.C. to award suitable
compensation with default sentence under Section 64 IPC and with
further powers of recovery under Section 431 Cr.P.C. With this
approach, prison sentence of more than one year may not be
required in all cases.
(v) Since evidence of the complaint can be given on affidavit,
subject to the Court summoning the person giving affidavit and
examining him and the bank’s slip being prima facie evidence of
the dishonour of cheque, it is unnecessary for the Magistrate to
record any further preliminary evidence. Such affidavit evidence
can be read as evidence at all stages of trial or other proceedings.
The manner of examination of the person giving affidavit can be as
per Section 264 Cr.P.C. The scheme is to follow summary
procedure except where exercise of power under second proviso to
Section 143 becomes necessary, where sentence of one year may
have to be awarded and compensation under Section 357(3) is
considered inadequate, having regard to the amount of the cheque,
the financial capacity and the conduct of the accused or any other
circumstances’.
11. The learned counsel for the Revision Petitioner further has relied upon the
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judgment of Gujarat High Court in the case of Kripal Singh Pratap Singh
Ori vs. Salvinder Kaur Hardip Singh reported at 2004 Crl. L. J. 3786
wherein, the Gujarat High Court was pleased to observe as under:-
“31. In the circumstances, it is hereby declared that the compromise
arrived between the parties to this litigation out of court is accepted
as genuine and the order of conviction and sentence passed by the
learned JMFC, Vadodara and confirmed in appeal by the learned
Sessions Judge, Fast Track Court, Vadodara, therefore, on the given
set of facts are hereby quashed and set aside as this court intends,
otherwise to secure the ends of justice as provided under section 482
Cr.P.C. Obviously the order disposing Revision Application would
not have any enforceable effect.”
12. The learned counsel for the Revision Petitioner has also relied upon the
judgment of Hon’ble the Apex Court in the case of Vinay Devanna Nayak
vs. Ryot Seva Sahkari Bank Limited reported at AIR 2008 SC 716
wherein the Hon’ble Apex Court was pleased to observe as under :-
“18. Taking into consideration even the said provision (Section 147)
and the primary object underlying Section 138, in our judgment,
there is no reason to refuse compromise between the parties. We,
therefore, dispose of the appeal on the basis of the settlement arrived
at between the appellant and the respondent.
19. For the foregoing reasons the appeal deserves to be allowed and
is accordingly allowed by holding that since the matter has been
compromised between the parties and the amount of Rs.45,000/- has
been paid by the appellant towards full and final settlement to the
respondent-bank towards its dues, the appellant is entitled to
acquittal. The order of conviction and sentence recorded by all
courts is set aside and he is acquitted of the charge levelled against
him.”
13. The learned Counsel for the Revision Petitioner submits that this Court has
already decided a similar issue, vide judgment and order, dated 19.09.2025
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in Crl.R.C.(MD)No.875 of 2025 [K.Balachenniappan Vs Jeyakrishnan].
The learned counsel argues that the present revision petitioner’s case is
fully covered by the aforesaid judgment and prays that the present
Revision Petition may be disposed of in the same terms.
14. The learned counsel for the Revision Petitioner has further argued that the
law regarding compounding of offences under the Negotiable Instruments
Act is very clear and is no more res-integra and that the offences under the
Negotiable Instruments Act can be compounded, even at any stage of the
proceedings. The learned counsel submits that in terms of the aforesaid
law laid down by the Hon’ble Supreme Court, the parties may be permitted
to compound the offence and the conviction of the Revision Petitioner be
set aside.
15. The learned counsel for the Respondent has submitted that in view of the
said Joint Memo of Compromise, entered into between the parties and the
matter has been settled amicably between the parties, the Respondent has
no objection for compounding the offence and the parties may be
permitted to compound the offence and the conviction of the Revision
Petitioner may be set aside.
16. This Court considered the submissions of the learned counsel for the
Petitioner and the learned counsel for the Respondent and also perused the
entire materials placed on record.
17. Considering the facts as narrated above, the following question arose for
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consideration:-
‘Whether the order passed by the Appellate Court confirming the
conviction of the trial court under section 138 of Negotiable
Instruments Act can be nullified by the High Court on the basis of
compromise entered between the parties’
18. Before answering the aforesaid question as framed, it is pertinent to
examine the relevant provisions of the BNSS as well as the Negotiable
Instrument Act, namely, Section 359 of BNSS and Section 147 of
Negotiable Instruments Act, which read as under:-
Section 359 of BNSS:- Compounding of Offences –
1) The offences punishable under the sections of the Bharatiya
Nyaya Sanhita, 2023 specified in the first two columns of the
Table next following may be compounded by the persons men-
tioned in the third column of that Table:-
2)The offences punishable under the sections of the Bharatiya
Nyaya Sanhita, 2023 specified in the first two columns of the
Table next following may, with the permission of the Court be-
fore which any prosecution for such offence is pending, be com-
pounded by the persons mentioned in the third column of that
Table:-
3) When an offence is compoundable under this section, the
abetment of such offence or an attempt to commit such offence
(when such attempt is itself an offence) or where the accused is
liable under sub section (5) of section 3 or section 190 of the
Bharatiya Nyaya Sanhita, 2023 (45 of 2023), may be compoun-
ded in like manner.
(4)(a) When the person who would otherwise be competent to
compound an offence under this section is a child or of unsound
mind, any person competent to contract on his behalf may, with
the permission of the Court, compound such offence; (b) When
the person who would otherwise be competent to compound an
offence under this section is dead, the legal representative, as
defined in the Code of Civil Procedure, 1908 (5 of 1908) of
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such person may, with the consent of the Court, compound such
offence.
(5) When the accused has been committed for trial or when he
has been convicted and an appeal is pending, no composition
for the offence shall be allowed without the leave of the Court
to which he is committed, or, as the case may be, before which
the appeal is to be heard.
(6) A High Court or Court of Session acting in the exercise of
its powers of revision under section 442 may allow any person
to compound any offence which such person is competent to
compound under this section.
(7) No offence shall be compounded if the accused is, by reason
of a previous conviction, liable either to enhanced punishment
or to a punishment of a different kind for such offence.
(8) The composition of an offence under this section shall have
the effect of an acquittal of the accused with whom the offence
has been compounded.
(9) No offence shall be compounded except as provided by this
section.
Section 147 of the Negotiable Instrument Act :’
“Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), every offence punishable under this
Act shall be compoundable.”
19. It is well settled that inherent power of the Court can be exercised only
when no other remedy is available to the litigants and nor a specific
remedy as provided by the statute. It is also well settled that if an effective,
alternative remedy is available, the High Court will not exercise its
inherent power, especially when the Revision Petitioner may not have
availed of that remedy. The power can be exercised by the High Court to
secure the ends of justice, prevent abuse of the process of any court and to
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make such orders as may be necessary to give effect to any order under
this Code or Act, depending upon the facts of the given case. This Court
can always take note of any miscarriage of justice and prevent the same
by exercising its power. These powers are neither limited, nor curtailed by
any other provision of the Code or Act. However, such inherent powers
are to be exercised sparingly and with caution.
20. In the instant case, it is true that the appeal was dismissed and the
conviction and sentence was upheld by the appellate court, but it cannot be
lost sight of the fact that this Court has power to intervene in exercise of
its power only with a view to do the substantial justice or to avoid a
miscarriage and the spirit of compromise arrived at between the parties.
This is perfectly justified and legal too.
21. I have considered the judgments cited by the learned counsel for the
Revision Petitioner and the other decisions of the Honourable Supreme
Court and I do not think it necessary to enlist those decisions, which are
taken into consideration for the purpose of the present proceedings.
22. In the instant case, the Revision Petitioner is invoking the inherent power
of this court after dismissal of the appeal confirming his conviction and
sentence. In these circumstances, I have to examine as to whether for
entertaining the aforesaid case, any special circumstances are made out or
not, so it can be legitimately argued and inferred and held that in all cases
where the Revision Petitioner is able to satisfy this Court that there are
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special circumstances which can be clearly spelt out subsequent
proceeding invoking inherent power of this court can be modified and
cannot be thrown away on that technical argument as to its sustainability
once the contesting parties entered into subsequent compromise.
23. In view of the decisions rendered in the judgment dated 19.09.2025 in
Crl.R.C.(MD)No.875 of 2025 [K.Balachenniappan Vs Jeyakrishnan] and
taking into account the fact that the parties have settled the dispute
amicably by way of compromise, this Court is of the view that the
compounding of the offence as required to be permitted.
24. In view of the settlement arrived at between the parties and the Joint
Memo of Compromise, this Court is of the view that the dispute between
the parties has been amicably resolved. Section 147 of the Negotiable
Instruments Act provides that offences punishable under the said Act shall
be compoundable. Since the Respondent/Complainant has voluntarily
agreed for settlement and has received the entire amount agreed between
the parties, there is no impediment for this Court to permit compounding of
the offence in the interest of justice.
25. In the result, this Criminal Revision Case is disposed of, in terms of
Joint Memorandum of Compromise, arrived at between the parties to
this litigation out of Court.
26. The impugned conviction and sentence made in the judgement of
conviction and sentence, dated 29.01.2026, passed in CA.No.662 of 2023,
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by the IV Additional Sessions Judge, City Civil Court, Chennai,
confirming the judgement of conviction and sentence, dated 09.03.2023,
passed in CC.No.1281 of 2016, by the Metropolitan Magistrate, FTC
No.IV, George Town, Chennai., are hereby modified.
27. The conviction and sentence made under Section 138 of the Negotiable
Instruments Act in CC.No.1281 OF 2016 stands anulled as this Court
intends, otherwise to secure the ends of justice. The Revision Petitioner
shall be treated as acquitted on account of compounding of the offence
with the complainant/person affected.
28. The Respondent is permitted to file appropriate application before the Trial
Court for withdrawal of the aforesaid amount of Rs.14,26,895/-, deposited
by the Revision Petitioner before the Trial Court, within a period of three
weeks from the date of receipt of a copy of this order and if any such
application is filed by the Respondent, the Trial Court is directed to release
the aforesaid amount, with accrued interest, in favour of the Respondent,
within a period of three weeks thereafter.
29. The Registry is directed to send a copy of this order to the Trial Court
concerned for its compliance and information, immediately.
30-07-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
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SRCM
To
1. The XV Additional Sessions Judge, City Civil Court at Chennai
2. The Metropolitan Magistrate, Fast Track Court No.IV, George Town,
Chennai
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SHAMIM AHMED, J.
SRCM
CRL RC No. 730 of 2026
30-07-2026
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