Madras High CourtCRL RC/178/2022disposed of

A.Jayanth v. S.Veerakumar

2022-02-21Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022 CORAM : JUSTICE N.SESHASAYEE Crl.R.C.No.178 of 2022 amd Crl.MP.No.1709 of 2022 A.Jayanth .. Petitioner / Appellant / Accused Vs.

S.Veerakumar .. Respondent / Respondent /Complainant PRAYER: Criminal Revision filed under Section 397 r/w 401 Cr.P.C., praying to set aside the judgment passed by the learned Judicial Magistrate, Fast Track Court-I, Erode in S.T.C.No.87 of 2017 dated 08.12.2017 as confirmed by the judgment of the learned I Additional District and Sessions Judge, Erode in C.A.No.267 of 2018 dated 20.11.2019.

For Petitioner : Mr.S.N.Arunkumar For Respondent : Mr.W.Camyles Gandhi

O R D E R

This matter arises out of an offence under Section 138 of N.I. Act. The alleged offence is stated to be compounded and an affidavit of undertaking dated 20.12.2021 is filed by the respondent/complainant stating that he has received the amount and his dues are settled by the revision petitioner.

2. The respondent appeared on screen and he was identified by his learned counsel. He admitted that he had received his dues from the revision petitioner/accused.

3. This Court is satisfied with the affidavit filed by respondent/complainant. Since the revision petitioner is undergoing his sentence in a case for an offence under Section 138 of N.I Act, and that the complainant has filed an affidavit that he has received the amount due to him, the offence is compounded and the revision petitioner is discharged of the accusation made against him.

4. In conclusion, this revision petition is ordered and the revision petitioner is forthwith required to be released by the prison authorities - The Superintendent of Central Prison, https://hcservices.ecourts.gov.in/hcservices/

Coimbatore. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds To:

1.The I Additional District and Sessions Judge Erode.

2.The Judicial Magistrate Fast Track No.I, Erode.

3.The Superintendent Central Prison, Coimbatore.

4. The Public Prosecutor, Madras High Court, Chennai - 600 104.

+1cc to Mr.S.N.Arunkumar, Advocate, Sr.No.11213(23/02/2022) Crl.R.C.No.178 of 2022 SJ(CO) KM(21/02/2022) https://hcservices.ecourts.gov.in/hcservices/