V.Sugumaran, Aged 66 Years, v. K.Ravikumar,

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.1418 of 2017 and Crl.M.P.Nos.13958 & 13960 of 2017 V.Sugumaran .. Petitioner Vs.

K.Ravikumar .. Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C. praying to call for the records pertaining to the Judgment dated 30.10.2017 made in C.A.No.217 of 2016 on the file of the learned III Additional Sessions Judge, Chennai, confirming the Judgment dated 06.07.2016 made in C.C.No.20042 of 2004 passed by the learned Metropolitan Magistrate, Fast Track Court II, Egmore, Allikulam, Chennai-3 convicting petitioner under Section 138 of the Negotiable Instruments Act, sentencing him to undergo simple imprisonment for a period of one year and ordering the petitioner to pay a compensation of Rs.6,00,000/- under Section 357, in default to undergo simple imprisonment for three months, set aside the same.

For Petitioner :

Mr.Dalit Tiger C.Ponnusamy For Respondent : Mr.R.Rajeswaran

O R D E R

This civil revision petition is filed to compound the sentences passed by the learned III Additional Sessions Judge, Chennai in C.A.No.217 of 2016 dated 30.10.2017 by confirming the Judgment passed in C.C.No.20042 of 2004 dated 06.07.2016 on the file of learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai and set aside the same.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that on 09.11.2017, this Court directed both the parties to appear

before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras on 20.11.2017. Both the parties have agreed and reported that the dispute between the parties have been settled as per the report submitted by the Tamilnadu Mediation and Conciliation Centre, Chennai, which reads as follows: The petitioner agrees to pay Rs.4,75,000/- (Rupees Four Laksh and Seventy five thousands only) to the respondent as follows:

a) Rs.3,00,000/- (Rupees Three lakhs only) by D.d. On 28.11.2017 b) Rs.1,75,000/- (Rupees One lakh and Seventy five thousand only) by D.D.No.15.12.2017.

3. This Court on 30.01.2018 directed both the parties to appear before this Court on 06.02.2018. The petitioner and the respondent along with their respective counsel are present before this Court. The petitioner has already filed the petition in Crl.M.P.No.1008 of 2018 in Crl.R.C.No.1418 of 2017 under Section 320 of Cr.P.C. r/w 420 of I.P.C. to Compound the case by stating that the petitioner has paid a sum of Rs.4,75,000/- 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.

4. Considering the facts and circumstances of the case, the Judgment passed in C.A.No.217 of 2017 dated 30.10.2017 on the file of the learned III Additional Sessions Judge, Chennai, 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 III Additional Sessions Judge, Chennai.

2. The Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai.

+1cc to Mr.K.Selva Kumarasamy, Advocate, S.R.No.9271 Crl.R.C.No.1418 of 2017 and Crl.M.P.Nos.13958 & 13960 of 2017 CS/26/02/18