M.Pushpasekaran v. R.Aparna
Bail Slip The Petitioner/Sole accused namely M.Pushpasekaran S/o.Mariappa Gounder was directed to be released on bail as per the order of this court dated 05/08/2011 made in Crl.MP.No.1/11 in Crl.RC.No.1060/11 on the file of this court.
Bail slip The Petitioner/Sole Accused namely M.Pushpasekaran S/o.Mariappa Gounder was directed to be released on bail as per the order of this court dated 05/08/2011 made in Crl.MP.No.1/11 in Crl.RC.No.1062/11 on the file of this court.
Bail Slip The Petitioner /2nd Accused namely M.Pushpasekaran S/o.Mariappa Gounder was directed to be released on bail as per the order of this court dated 05/08/2011 made in Crl.MP.No.1/11 in Crl.RC.No.1061/11 on the file of this Court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2017
CORAM
THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1060 to 1062 of 2011 1.M.Pushpasekaran
...Petitioners in Crl.R.C.No.1060
Proprietor, M/s.Krishna Sago & 1062 of 2011/2nd petitioner Factory, Namakkal in Crl.R.C.No.1061 of 2011/Accused
2. M/s.A.Mariappa Gounder & Co., Represented by its Partner M.Pushpasekaran, aged 53 years, S/o.Mariappa Gounder ... 1st Petitioner in Crl.R.C.No.1061 of 2011 /Accused Vs.
1.R.Aparna ... Respondent in Rep by her Crl.RC.No.1062 & 1061/11/ power of Attorney K.Ramesh Plaintiff 2.K.Ramesh
...Respondent in
Crl.RC.No.1062/11/Plaintiff
Criminal Revision Cases filed under Section 397 and 401 Cr.P.C. against the judgments of learned Additional District and Sessions Judge, FTC.No.II Salem, passed in C.A.Nos.15, 16 and 17 of 2011 on 11.07.2011 confirming the judgments of learned Judicial Magistrate III, Salem, passed in S.T.C.Nos.287, 288 and 289 of 2009 on 07.02.2011.
For Petitioners:
Mr.K.V.Sridharan (in all revisions) For Respondent :
No Appearance ***** C O M M O N O R D E R This Court has reserved orders in these revisions on 21.09.2017. Today, the matters are listed under the caption 'for orders'.
2. Petitioners faced prosecution for offence u/s.138 of the Negotiable Instruments Act. Learned Judicial Magistrate III, Salem, under judgment in S.T.C.Nos.287, 288 and 289 of 2009 dated 07.02.2011, convicted petitioners and sentenced as follows: Accused S.T.C.No.
Sentence Sole Accused 287 of 6 months S.I. and fine of Rs.500/- i/d 1 month S.I.
A1 288 of Fine of Rs.500/- i/d 1 month S.I. for A2 A2 10 months S.I. and fine of Rs.500/- i/d 1 month S.I.
Sole Accused 289 of 8 months S.I. and fine of Rs.500/- i/d 1 month S.I.
There against, petitioners preferred C.A.Nos.15, 16 and 17 of 2011 on the file of learned Additional District and Sessions Judge, Salem, which came to be dismissed under judgments dated 11.07.2011. Hence, these revisions.
3. Heard learned counsel for petitioners. There is no representation for respondent.
4. Learned counsel for petitioners submits that a compromise has been entered into between parties on 20.04.2017 and the entire amount agreed upon is Rs.9,50,000/- (Rupees nine lakhs and fifty thousand only). The entire amount has been paid to respondent. A copy of the compromise memo with acknowledgment is produced for perusal of this Court. In the circumstances, this Court is inclined to allow these revisions.
5. Accordingly, these Criminal Revision Cases shall stand allowed. The offence under section 138 of the Negotiable Instrument Act tried in S.T.C.Nos.287,288 and 289 of 2009 on the file of learned Judicial Magistrate III, Salem shall stand compounded. Petitioners shall stand acquitted in these cases. Copy of the Joint Memo dated 20.04.2017 filed to compound the offence shall form part of records.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rka/kv To 1.The Additional District and Sessions Judge, Fast Track Court, No.II, Salem 2.-do- Thro'The Principal Sessions Judge, Salem 3.The Judicial Magistrate, No.3, Salem.
4.-do-Thro'The Chief Judicial Magistrate Salem 5.The Public Prosecutor high Court, Madras 6.The Section Officer Criminal Section High court, Madras +3 ccs to Mr.K.V.Sridharan Advocate sr 82825,82826 82827 Crl.R.C.Nos.1060 to 1062 of 2011 skv(co) aa27/03/2018