Palaniappan v. Ravi

BAIL SLIP That the Appellant/Accused namely Palaniappan, S/o.Ponnusamy Mudaliar was released on bail as per order of this court dated 30.01.2019 made in Crl.M.P.No.1470/2019 in Crl.RC.No.164/19.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022

CORAM:

THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY Crl.R.C.No. 164 of 2019 Palaniappan

...Petitioner/Accused

Versus

Ravi

...Respondent/Complainant

Criminal Revision Case filed under Section 397 read with Section 401 of Cr.P.C., to set aside the judgment made in C.A.No. 182 of 2018, dated 13.12.2018 on the file of II Additional District Sessions Judge, Erode, confirming the judgment made in S.T.C.No. 201 of 2017, dated 23.05.2018 by the learned Judicial Magistrate, Fast Track Court No.I, Erode. For Petitioner : Mr.C. Ramkumar For Respondent : Mr.M. Karthik

ORDER

In this case, the total cheque amount is Rs.4,00,000/-, of which, a sum of Rs.2,00,000/- has already been deposited to the credit of S.T.C.No. 201 of 2017 on the file of Judicial Magistrate, Fast Track Court No.I, Erode, by virtue of the conditional order passed by this Court.

2.Today, when the matter came up for hearing, the learned counsel for the petitioner/accused by way of Demand Draft handed over a sum of Rs.2,00,000/- to the learned counsel for the respondent/complainant.

3.The learned counsel for the respondent/complainant accepted the Demand Draft for the said sum of Rs.2,00,000/- and submitted that in the event of the aforesaid sum of Rs.2,00,000/-, which is deposited in the trial Court being paid over to the complainant, the complainant is willing to accept

the said sum of Rs.4,00,000/- in total as full quit and drop all further proceedings.

4. In view of the same, this Revision Case is allowed on the following terms:- (i) The conviction of the petitioner/accused for an offence under Section 138 of the Negotiable Instruments Act, by judgment dated 23.05.2018 in S.T.C.No.201 of 2017 by the learned Judicial Magistrate, Fast Track Court No.I, Erode, which is confirmed by the learned II Additional Sessions Judge, Erode, by judgment dated 13.12.2018 in C.A.No.182 of 2018 is hereby set aside. The offence is treated as compounded.

(ii) The amount of Rs.2,00,000/- already lying to the credit of S.T.C.No. 201 of 2017 on the file of Judicial Magistrate, Fast Track Court No.I, Erode, is ordered to be paid out to the complainant on his application.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msm To

1. The Judicial Magistrate, Fast Track Court No.I, Erode.

2. The II Additional District Sessions Judge, Erode.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.I.C.Vasudevan, Advocate, S.R.No.39704 +1cc to Mr.Ramkumar, Advocate, S.R.No.39422 Crl.R.C.No. 164 of 2019 MG(CO) RGA(05/07/2022)