M.Janaki v. G.Arumugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.No.20107 of 2023 M.Janaki ... Petitioner/Accused Vs.

G.Arumugam ... Respondent/Complainant PRAYER: Criminal Revision Case has been filed under Sections 397 and 401 of Cr.P.C, praying to call for the records in C.A.No.08 of 2019 dated 07.01.2020 on the file of learned III Additional District Sessions Judge, Gobichettipalayam confirming the conviction in S.T.C.No.2267 of 2013 dated 06.02.2019 on the file of learned Judicial Magistrate No.1, Gobichettipalayam and to set aside the same.

For Petitioner : Mr.K.T.S.Sivakumar For Respondent : Mr.M.Senthil Kumar 1/5

O R D E R

This petition has been filed seeking to set aside the judgment dated 07.01.2020 passed in C.A.No.08 of 2019 by the learned III Additional District and Sessions Judge, Gobichettipalayam confirming the judgment dated 06.02.2019 passed in S.T.C.No.2267 of 2013 by the learned Judicial Magistrate No.1, Gobichettipalayam.

2.The petitioner, who is the accused in S.T.C.No.2267 of 2013 in a private complaint filed under Section 138 of the Negotiable Instruments Act by the respondent, was convicted by the Trial Court by judgment dated 06.02.2019 and sentenced to undergo six months simple imprisonment and to pay compensation of Rs.5,00,000/-. Aggrieved against the same, the petitioner filed an appeal before the learned III Additional District and Sessions Judge, Gobichettipalayam in C.A.No.08 of 2019. The Sessions Judge by judgment dated 07.01.2020 dismissed the appeal confirming the 2/5

conviction and sentence of the trial Court, against which, the present revision has been filed.

3.This Court, by an order dated 28.04.2023, referred the matter to the Mediation Centre, wherein the parties have arrived at an amicable solution resolving the disputes between them.

4.Now, the petitioner has filed a compounding petition along with Settlement Agreement signed by the petitioner, respondent and their respective counsel and the affidavit of both petitioner and respondent before this Court in Crl.M.P.No.20107 of 2023 in Crl.R.C.No.818 of 2023 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered.

5.In the result, the case between the petitioner and the respondent is compounded. Hence, the judgment, dated 06.02.2019 in S.T.C.No.2267 3/5

of 2013, passed by the learned Judicial Magistrate No.I, Gobichettipalayam and the judgment dated 07.01.2020 passed in C.A.No.08 of 2019 by the learned III Additional District and Sessions Judge, Gobichettipalayam are set aside and the revision is, accordingly, allowed. The petitioner is acquitted of all the charges levelled against her. 22.12.2023 Index : Yes/No Internet : Yes/No Speaking order / Non-speaking order rsi To 1.The Judicial Magistrate No.I, Gobichettipalayam.

2.The III Additional District and Sessions Judge, Gobichettipalayam.

3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rsi and Crl.M.P.No.20107 of 2023 22.12.2023 5/5