V. Ganesan v. K. Nandakumar

BAIL SLIP The Accused viz V.Ganesan was directed released on Bail in CRL.M.P.No.1/15 in CRL.R.C.No.866/2015 dated 19.08.2015 as per order to this Honourable High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN CRL.R.C.NO.866 OF 2015 AND CRL.M.P.NOS.1,2 & 3 OF 2015 V.Ganesan ... Petitioner/Accused .Vs.

K.Nandakumar ... Respondent/Complainant PRAYER:

This Criminal Revision Case has been filed under Section 397 read with Section 401 of Cr.P.C., to set aside the judgment of the learned XV Additional District and Sessions Judge, City Civil Court, Chennai, in C.A.No.25 of 2015, dated 06.08.2015, confirming the judgment passed in C.C.No.940 of 2008, on the file of the learned Metropolitan Magistrate, Fast Track Court No.4, George Town, Chennai, dated 07.01.2015 and to acquit the petitioner herein.

For Petitioner : Mr.M.Sriram For Respondent : Ms.M.N.Bharathi

O R D E R

The learned counsel for the revision petitioner and the learned counsel for the respondent appeared through video conference.

2.The private complainant has also appeared through video conference from the office of his counsel.

3.A Joint Memo of compromise has been filed under Section 147 of the Negotiable Instruments Act and the same is recorded, wherein, at paragraph No.3 it is mentioned as follows: "The petitioner submits that at the time of filing of the Appeal in C.A.No.25 of 2015, he has deposited a sum of Rs.25,000/- to the credit of above C.C. Thereafter when the above Criminal Revision Case was filed, this Hon'ble Court directed the Petitioner to deposit a sum of Rs.1.25 lakhs to the credit of the C.C.No.940 of 2008. The Petitioner submits that the Petitioner and the Respondent have compounded the offence among themselves and the Petitioner has no objection for the Respondent/Complainant to receive those two amounts. The Respondent herein agrees to receive the said amount as full and final settlement of all the claims made in the above case."

4.In view of the Joint Memo of Compromise, the conviction and sentence passed in C.C.No.940 of 2008, by the learned Metropolitan Magistrate, Fast Track Court No.4, George Town, Chennai, dated 07.01.2015, as confirmed in C.A.No.25 of 2015, by the learned Principal Sessions Judge, Chennai, dated 06.08.2015 is hereby set aside and the accused is acquitted of the charge. Bail bonds stands cancelled.

5.Accordingly, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petitions are closed. *Xerox copy of Memo of Compromise is enclosed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dua

To

1. The XV Additional District and Sessions Judge, City Civil Court, Chennai.

2. The Metropolitan Magistrate, Fast Track Court No.4, George Town, Chennai.

3. The Chief Metropolitan Magistrate, Egmore, Chennai.

4. The Principal Sessions Judge, Chennai.

+1cc to M/s. M.Sriram, Advocate SR.NO.54498 Crl.R.C.No.866 of 2015 and Crl.M.P.Nos.1, 2 & 3 of 2015 VSNII(CO) PM/19/11/2021