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Madras High CourtCRL RC/666/2014allowed

G.Elumalai v. V.Shivakumar

2016-06-10Honourable Mr Justice G. Chockalingam2 pages

BAIL SLIP The Appellant/Accused Viz. G.Elumala, aged 28 year, S/o.Govindan was directed to be released on bail, as per Order of this Court dated 10.07.2014 in Crl.M.P.No.1 of 2014 in Crl.R.C.No.666 of 2014.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2016 CORAM :

THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM Crl.R.C.No.666 of 2014 G.Elumalai ... Petitioner/Accused/Appellant Vs.

V.Shivakumar ... Respondent/Complainant/Respondent Prayer: Criminal Revision Case filed under Sections 397 & 401 of the Code of Criminal Procedure, praying to set aside the order dated 19.03.2014 passed in C.A.No.143 of 2012 on the file of XVI Additional Sessions Court-cum-II Fast Track Court, Chennai, by confirming the judgment dated 02.07.2012 on the file of the Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai, in C.C.No.1845 of 2011.

For Petitioner : Mr.N.Anand For Respondent : Mr.S.T.Rajesh Murugan

ORDER

The learned counsel appearing for the petitioner submits that the petitioner/accused was convicted by the learned Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai, for the offence punishable under Section 138 of the Negotiable Instruments Act and directed to pay a compensation of Rs.6,00,000/- to the complainant, in C.C.No.1845 of 2011, on 02.07.2012. The learned XVI Additional Sessions Court-cum-II Fast Track Court, Chennai, while confirming the conviction, has imposed a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment and also directed the accused to pay compensation of Rs.5,00,000/- to the complainant, in default, three months simple imprisonment, by judgment dated 19.03.2014, in C.A.No.143 of 2012.

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2. This Court heard the submissions made by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the records.

3. Both the learned counsel appearing for the petitioner as well as the learned counsel for the respondent have submitted that now the matter is settled out of Court and hence, they seek to set aside the conviction and sentence imposed on the accused. An endorsement also has been made to that effect in the bundle by both the learned counsels.

4. The endorsement is recorded. Since the dispute between the petitioner and the respondent is settled out of Court, the conviction and sentence passed on the petitioner/accused by the learned Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai, in C.C.No.1845 of 2011, dated 02.07.2012, is set aside and this Criminal Revision Case is allowed. The petitioner/accused is acquitted of the charge. The bail bond executed, if any, shall stand cancelled and the fine amount, if any, paid by the petitioner/accused shall be refunded to him.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Jrl To

1. The XVI Additional Sessions Court-cum-II Fast Track Court, Chennai.

2. The Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai.

3. The Chief Metropolitan Magistrate, Egmore, Chennai.

4. The Superintendent, Central Prison, Puzhal, Chennai.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Anand, Advocate, S.R.No.31526 Crl.R.C.No.666 of 2014 CA(CO) CA(22/06/2016) https://hcservices.ecourts.gov.in/hcservices/