C.Nagalingam v. M.Arvind Bagreeha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR C.Nagalingam ... Petitioner Vs.
M.Arvind Bagrecha ... Respondent PRAYER: Criminal Revision is filed under Section 397 & 401 of Cr.P.C, to set aside the judgement in Criminal Appeal No.181 of 2021 dated 04.11.2022 of XVIII Additional Sessions Judge at Chennai, confirming the order passed by the VIII Metropolitan Magistrate at George Town at Chennai in CC.No.526 of 2016 and call for the records and acquit the petitioner from all charges.
For Petitioner :
M/s.K.B.Gopi For Respondent :
Ms.Rithya for Mr.Ralph V.Manohar
O R D E R
This petition has been filed seeking to set aside the judgement passed by the XVIII Additional Sessions Judge at Chennai in Criminal Appeal No.181 of 2021 dated 04.11.2022, confirming the order passed by the VIII Metropolitan Magistrate at George Town at Chennai in CC.No.526 of 2016 and call for the records and acquit the petitioner from all charges.
2. The petitioner, who is the accused in C.C.No.526 of 2016 in a Page No.1/5
private complaint filed under Section 138 of the Negotiable Instruments Act by the respondent, was convicted by the Trial Court by judgement dated 29.10.2021 and sentenced to undergo six months simple imprisonment and to pay compensation of Rs.3,50,000/-, in default, to undergo six months further simple imprisonment. Aggrieved against the same, the petitioner had preferred an appeal before the learned XVIII Additional Sessions Judge at Chennai in C.A.No.181 of 2021. The Lower Appellate Court by judgement dated 04.11.2022 dismissed the appeal confirming the conviction and sentence of the Trial Court. Against which, the present revision petition has been filed.
3. During the pendency of the revision, the matter was referred to the Lok Adalat. On 09.12.2023, both parties appeared before the Lok Adalat and agreed to a settlement of Rs.2,25,000/-. On 09.09.2024, before the Lok Adalat, a sum of Rs.10,000/- was paid by the petitioner/accused, who also agreed to pay the balance amount of Rs.2,15,000/- to the respondent on or before 15.12.2023.
4. A Joint Memo of Compromise dated 15.12.2023 is filed in the Court. The Joint Memo of Compromise is signed by the petitioner, the Page No.2/5
respondent, and their respective counsels. The scanned reproduction of the Joint Memo of Compromise is as follows:-
5. Recording the same, the judgement passed by the XVIII Additional Sessions Judge at Chennai in Criminal Appeal No.181 of 2021 dated Page No.3/5
04.11.2022, confirming the order passed by the VIII Metropolitan Magistrate at George Town at Chennai in CC.No.526 of 2016 are set aside and the revision is accordingly allowed. The petitioner is acquitted of the charges under Section 138 of the Negotiable Instruments Act. The Joint Memo of Compromise dated 15.12.2023 shall form part of the Court records. No Costs. 10.09.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order (shr) To
1. The XVIII Additional Sessions Judge at Chennai.
2. VIII Metropolitan Magistrate at George Town at Chennai 3.The Public Prosecutor, High Court, Madras. Page No.4/5
M.NIRMAL KUMAR, J., (shr) 10.09.2024 Page No.5/5