Madras High CourtCRL RC/289/2019allowed

V.Balasubramanian v. K.Elango

2022-06-29Honourable Mr Justice D.Bharatha Chakravarthy2 pages

BAIL SLIP The Petitioner Namely V.Balasubramanian S/o Vinayagam was directed to be released on bail vide order dated 05/03/2019 made in Crl.M.P.No.3312/2019 in Crl Rc.No.289/2019 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.289 of 2019 V.Balasubramanian ... Petitioner

Versus

K.Elango ... Respondent Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the conviction and sentence passed by the Principal Sessions Judge at Thiruvallur on 27.07.2018 in Crl.A.No.60 of 2017, which confirmed the order dated 07.04.2017 passed by the Judicial Magistrate, Fast Track Court, Poonamalle in S.T.C.No.243 of 2013 and acquit the accused from the charge under Section 138 of Negotiable Instruments Act, 1881. For Petitioner :

Mr.P.Balamurugan For Respondent :

Mr.A.M.Rahmath Ali

O R D E R

The Revision is filed to set aside the conviction and sentence passed by the Principal Sessions Judge at Thiruvallur on 27.07.2018 in Crl.A.No.60 of 2017, which confirmed the order dated 07.04.2017 passed by the Judicial Magistrate Fast Track Court, Poonamalle in S.T.C.No.243 of 2013 and acquit the accused from the charge under Section 138 of Negotiable Instruments Act, 1881.

2. When the matter came up for hearing, the learned counsel appearing for the respondent complainant submitted that, in view of the payment of the cheque amount to the complainant, the

complainant has received the amount in full and has no objection to drop the further proceedings and offences being compounded.

3. In that view of the matter, this Criminal Revision Case is allowed on the following terms :

(i) The conviction and sentence imposed on the petitioner by the learned Judicial Magistrate, Fast Track Court (Magisterial Level No.II), Poonamalle by judgment dated 07.04.2017 in S.T.C.No.243 of 2013 as confirmed by the learned Principal Sessions Judge, Tiruvallur by judgment dated 27.07.2018 in Crl.A.No.60 of 2017 is set aside and the offence is treated as compounded.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sp To 1.The Principal Sessions Judge, Thiruvallur.

2.The Judicial Magistrate, Fast Track Court (Magisterial Level No.II), Poonamalle.

3.The Chief Judicial Magistrate Thiruvallur.

COPY TO The Section Officer, Criminal Section, High Court, Madras-104.

Crl.R.C.No.289 of 2019 RSV(CO) CT/18/07/2022