B.Parimala v. M/S.Arjun Amaravathi Chits (P)

n i m p l i c a t i o n o f t h e s e r i o u s n a t u r e o f c r i m i n a l p r o c e e d

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.R.C.No.1680 of 2011 B.Parimala ... Petitioner ..Vs..

M/s.Arjun Amaravathi Chits (P) Ltd., rep by its Executive Assistant and Authorised Agent T.Damodaran No.30, (Old No.190) Kutchery Road, Mylapore, Chennai-4.

... Respondent PRAYER: Criminal Revision Petitions filed under Section 397 read with 401 of the Criminal Procedure Code, to set aside the conviction, sentence and the fine passed by the learned VII Additional Sessions Judge, Chennai in Crl.Appeal No.199/2010 dated 21.10.2011 and dismiss the complaint in C.C.No.5153/2009 by allowing the Revision with cost.

For Petitioner : Mr.K.Gajendran For Respondent : Mr.Martin

O R D E R

This revision petition has been filed aggrieved by the order passed in Crl.A.No.99 of 2010 by the Additional Sessions Court confirming the order of conviction and sentence passed by the Trial Court.

2. During the pendency of this revision petition, the parties have settled the dispute among themselves and have entered in to the compromise. Today, the joint memo of compromise has been signed by both the parties and filed by their respective counsel. The joint memo of compromise reads as follows:-

1. The above appeal is filed against the conviction order passed in C.C.No.5153/2009 dated 30.10.2010 and this Hon'ble Court granted suspension of sentence.

2. Now the respondent herein received entire compensation amount of Rs.2,80,000/- ordered by the lower Court.

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3. Therefore the respondent herein has no further claim against the petitioner herein in respect of the above matter.

4. The parties are also present before this court and the respondent/complainant on being questioned by this Court whether the amount has been received and the matter has been compromised, the representative of the respondent company submits that the amount has been received.

5. In view of the joint memo of compromise filed by the parties, the same is recorded in the Criminal Revision Petition. By virtue of Section 147 of Negotiable Instruments Act, the offence has now been made compoundable.

6. Hence, considering the fact that the parties have compromised, the offence has been compound and the order of conviction and sentence passed by the Courts below is here by set aside.

7. Accordingly, this petition is allowed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dss To

1. The learned VII Additional Sessions Judge, Chennai.

2.The Motropolition Magistrate, XVIII Seidapet,Chennai 3.The Chief Metropolition Magistrate, Egmore.

4. The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.K.Gajendran, Advocate, S.R.No.40758 Crl.R.C.No.1680 of 2011 KS(CO) GSP(11/07/2018) https://hcservices.ecourts.gov.in/hcservices/