Madras High CourtCRL RC/130/2018allowed

P.Satheshkumar, Aged 35 Years, v. P.Rajendiran,

2018-02-06Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2018

CORAM:

THE HON'BLE MR.JUSTICE M.V.MURALIDARAN Crl.R.C.No.130 of 2018 and Crl.M.P.Nos.950 & 951 of 2018 P.Satheshkumar .. Petitioner Vs.

P.Rajendiran .. Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C. praying to set aside the conviction and Judgment dated 20.09.2016 made in C.A.No.35 of 2013 on the file of the learned Additional Sessions Judge, Hosur confirming the conviction and Judgment dated 29.04.2013 made in STC.No.72 of 2012 on the file of the leaned Judicial Magistrate, Fast Track Court, Hosur, convicting him to undergo 6 months simple imprisonment and to pay compensation for Rs.1,60,000/- to the complainant in default one month simple imprisonment under Section 138 r/w 142 of Negotiable Instruments Act.

For Petitioner :

Mr.K.Thiruvengadam

O R D E R

This civil revision petition is filed to call for the records in C.A.No.35 of 2013 dated 20.09.2016 on the file of the learned Additional Sessions Judge, Hosur by confirming the Judgment passed in STC.No.72 of 2012 dated 29.04.2013 on the file of learned Judicial Magistrate, Fast Track Court, Hosur and set aside the same.

2. Today (06.02.2018), the petitioner and his counsel and respondent are present before this Court. Both parties have filed the separate petitions to Compound the offence under Section 138 of Negotiable Instrument Acts by stating that the petitioner has paid a sum of Rs.1,60,000/- as full and final settlement and the respondent/complainant has received the same. Since, the matter has been compromised, he does not want to pursue the case further.

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3.Considering the facts and circumstances of the case, the Judgment passed in 35 of 2013 dated 20.09.2016 on the file of the learned Additional Sessions Judge, Hosur, is hereby quashed and the Criminal Revision is allowed accordingly.

Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kkd To

1. The Additional Sessions Judge, Hosur.

2. The Judicial Magistrate, Fast Track Court, Hosur.

+1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.8807 Crl.R.C.No.130 of 2018 and Crl.M.P.Nos.950 & 951 of 2018 CS/28/02/18 https://hcservices.ecourts.gov.in/hcservices/