Ravichandran, 41 Yrs, v. A.Ashanmohammed 41 Yrs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Crl.RC.No.1036 of 2017 and CRL.MP.No.9765 & 9766 of 2017 V.Ravichandran

...Petitioner

.Vs.

A.Ashanmohammed ... Respondent Prayer:

Criminal Revision filed under Section 397 r/w 401 of Cr.P.C. to set aside the judgment and conviction dated 07.07.2017 made in C.A.No.214/2016 on the file of the II Additional Sessions Judge, Erode confirming the judgment dated 07.11.2016 made in C.C.No.456/2013 on the file of District Munsif-cum-Judicial Magistrate, Kodumudi. For Petitioner : M/s.C.S.Saravanan For Respondent : M/s.G.Sumathi

JUDGMENT

This Criminal Revision Case has been filed against the order passed by the learned II Additional Sessions Judge, Erode in Criminal Appeal No.214 of

2016 dated 07.07.2017, by and under which, the learned Judge has confirmed the order passed by the District Munsif-cum-Judicial Magistrate, Kodumudi in C.C.No.456 of 2013 dated 07.11.2016.

2. By the said judgment, the Trial Court's order was confirmed by the Appellate Court and the punishment of 1 year imprisonment has been inflicted against the petitioner and also a sum of Rs.2,00,000/- as compensation was directed to be paid by the accused / petitioner.

3. Though this revision case has been filed against the said judgments, the learned counsel appearing for the petitioner as well as the respondents, during the last hearing, had submitted that the parties have settled the matter between them and therefore, in this regard, they have entered into a compromise enabling this Court to compound the offence committed by the petitioner.

4. Today, both the counsels have filed a Joint Compromise memo dated 02.08.2017, singed by them as well as the parties. On a perusal of the said memo, it reveals that, since the respondent has received the amount from the petitioner, he has agreed to compromise the issue between them and he has also stated that he has no objection in allowing

the Criminal Revision Case.

5. Since the offence punishable under section 138 of the Negotiable Instruments Act is compoundable, the parties have voluntarily come forward to report before this Court by way of the compromise and they have settled the matter between them enabling for compounding the offence.

6. Considering the said Joint Compromise Memo, by recording the same, the offence committed by the petitioner under section 138 of the Negotiable Instrument Act is hereby compounded and in the result, the impugned order passed by the Courts below in C.C.No.456 of 2013 on the file of District Munsif-cum-Judicial Magistrate, Kodumudi and in C.A.No. 214 of 2016 on the file of II Additional Sessions Judge, Erode are set aside.

7. Accordingly, this Criminal Revision Case is disposed of by compounding the offence between the parties and the joint memo of compromise shall form part of the order. Consequently, connected miscellaneous petitions are closed.

23.08.2017 pvs / smn Index :Yes/No Internet :Yes

To

1. The II Additional Sessions Judge, Erode

2. The District Munsif-cum-Judicial Magistrate, Kodumudi.

R.SURESH KUMAR,J, pvs Crl.Rc.No.1036 of 2017 23.08.2017