M.Venkatachalam, v. Subha Shree Financiers,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.8.2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Crl.Revision Case No.897 of 2014 and M.P. No. 1 of 2014 M.Venkatachalam .. Petitioner

Versus

Subha Shree Financiers Partnership Firm under the Indian Partnership Act Rep.by its Manager Saikrishnan, Katpadi Road, Vellore .. Respondent Revision Petition filed under Section 397 read with Sec. 401 of Cr.P.C. to call for the records on the file of the learned I Additional District and Sessions Judge, Vellore, Vellore District in Crl.Appeal No.191 of 2010 dated 30.6.2014 against the judgment and sentence passed in S.T.C.No.230 of 2006 on the file of the learned Judicial Magistrate, No.II, Vellore, Vellore District. For Petitioner :

Mr.E.Kannadasan For respondent :

Mr.Karthick

ORDER

When the matter is taken up for hearing today, the learned counsel for the revision petitioner as well as the learned counsel for the respondent submitted that the matter has been settled in between the parties. The learned counsel also made an endorsement in the revision to that effect.

2. Recording the same, the Criminal Revision case is allowed. Accordingly, following the decisions of the Honourable Supreme Court in K.J.B.L. Rama Reddy vs. Annapurna Seeds [2005 (10) SCC 632] and Sailesh Shyam Parsekar vs. Baban [2005 (4) SCC 162], the conviction and sentence imposed on the petitioner by the Courts below are set aside. It is made clear that the fine amount, if any, shall not be refunded to the petitioner.

20.8.2015 Index : Yes / No Internet : Yes / No ga To

1. The Additional District and Sessions Judge,Vellore

2. The Judicial Magistrate No.II,Vellore.

3. The Public Prosecutor, High Court, Madras. B. RAJENDRAN, J

ga Crl.RC No.897 of 2014 08.07.2015