Madras High CourtCRL RC/206/2011allowed

Senthil Kumar v. P.Rathinasabapathy

2017-09-20Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.206 of 2011 and M.P.No.1 of 2011 Senthil Kumar Proprietor M/s. Vel Gas services Ayyampatti post Salem Taluk and District ... Petitioner Vs.

P.rathinasabapathy ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned Additional District Judge (Fast Track - II) Salem, passed in C.A.No.96 of 2008 on 24.11.2010 confirming the judgment of learned Judicial Magistrate, II, Salem, passed in S.T.C.No.1044 of 2007 on 07.05.2007 For Petitioner :

Mr.C.K.M.Appaji For Respondent :

Mr.R.G.Narendhiran *****

O R D E R

This revision is preferred against two concurrent judgments of Courts below convicting petitioner for offence under Section 138 of the Negotiable Instruments Act and sentencing him to 1 year S.I. and fine of Rs.5,000/- i/d 1 month S.I.

2. Learned counsel for petitioner submitted that the matter stands compromised upon receipt of entire cheque amount by respondent/ complainant.

3. Learned counsel for respondent affirms the submission of learned counsel for petitioner viz., that the dispute stands settled between de facto complainant and petitioner. In view of the petition seeking compounding of offence signed by parties as also their respective counsel, this Court is inclined to allow this petition. Accordingly, the Criminal Revision Case shall stand allowed. The offence under section 138 of the Negotiable Instrument Act shall stand compounded. https://hcservices.ecourts.gov.in/hcservices/

Petitioner shall stand acquitted in the case. petition filed to compound the offence dated 19.09.2017 shall form part of records. Connected miscellaneous petition is closed. sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar kpr To 1.The Additional District Judge (Fast Track - II) Salem 2.The Judicial Magistrate II, Salem +1 CC Mr.R.G.Narendhiran Advocate SR.No. 68599 EGR 13/11/2017 Crl.R.C.No.206 of 2011 https://hcservices.ecourts.gov.in/hcservices/