Madras High CourtCRL RC/4/2017disposed of

R.Venkatesan, Aged 45 Years v. R.S.Sathiskumar,

2017-02-06Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.4 of 2017 and Crl.M.P.No.9 of 2017 R.Venkatesan S/o.Raman ... Petitioner Vs.

R.S.Sathiskumar S/o.Selvadurai ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned Sessions Judge, Tiruvannamalai, passed in C.A.No.31 of 2007 on 20.06.2016 confirming the judgment of learned Judicial Magistrate, Arni, passed in C.C.No.531 of 2006 on 03.02.2007.

For Petitioner :

Mr.P.Ganesan For Respondent :

Mr.R.Amardeep *****

O R D E R

This revision is preferred against two concurrent judgments of Courts below convicting petitioner for offence under Section 138 of the Negotiable Instruments Act and sentencing him to 1 year S.I. and fine of Rs.4,000/- i/d 3 months S.I.

2. Learned counsel for petitioner submitted that the matter stands compromised between the parties. Learned counsel further submitted that petitioner has handed over a demand draft bearing No.621206 drawn on Canara Bank, Arni Branch, in a sum of Rs.60,000/- to respondent/complainant.

3. Learned counsel for respondent affirms the submission of learned counsel for petitioner viz., that the dispute stands settled between de facto complainant and petitioner. https://hcservices.ecourts.gov.in/hcservices/

In view of the Compromise Memo filed to compound the offence signed by parties as also their respective counsel, this Court is inclined to allow this petition. Accordingly, the Criminal Revision Case shall stand allowed. The offence under section 138 of the Negotiable Instrument Act tried in C.C.No.531 of 2006 on the file of learned Judicial Magistrate, Arni, shall stand compounded. Petitioner shall stand acquitted in the case. Compromise Memo dated 03.02.2017 filed to compound the offence shall form part of records. Connected miscellaneous petitions are closed.

*enclose xerox copy of Memo of Compromise -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Sessions Judge, Tiruvannamalai, 2.The Judicial Magistrate, Arni +1 cc to Mr.A.Panneer Selvam Advocate sr 7254 Crl.R.C.No.4 of 2017 vd(co) aa16/03/2017 https://hcservices.ecourts.gov.in/hcservices/