R.Srinivasan v. M/S.Sun Chemicals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.520 of 2016 R.Srinivasan .. Petitioner/ Appellant /Accused Vs M/s.Sun Chemicals, rep. by its Partner/Power Agent R.Gunasekaran, No.72, Kokila Street, Ram Nagar, Coimbatore-641 009.

.. Respondent/ Respondent/Complainant Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C. praying to call for the records and set aside the judgment dated 29.09.2015 passed in Crl.A.No.18 of 2014 by the I Additional District and Sessions Judge, Coimbatore, confirming the judgment dated 06.01.2014 in C.C.No.44/2012 on the file of the Judicial Magistrate, Fast Track Court-1 (At Magisterial Level), Coimbatore. For Petitioner :Mr.K.Kalimuthu For Respondent :Mr.V.S.Kesavan

ORDER

The revision petitioner is an accused in C.C.No.44 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court-1 (At Magisterial Level), Coimbatore and by judgment dated 06.01.2014, he was convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/-, failing which, he shall undergo simple imprisonment for a further period of 3 months. Aggrieved over the same, the petitioner preferred a Criminal Appeal before the learned I Additional District and Sessions Judge, Coimbatore in Crl.A.No.18/2014. By judgment dated 29.09.2015, the Appellate Court confirmed the conviction and sentence of the trial Court. Against the same, the petitioner is before this Court with this Criminal Revision.

2. When the matter was called today, the learned Counsel for the petitioner submitted that the revision petitioner has already settled the disputed cheque amount to the respondent and he has also made an endorsement to that effect. Therefore, recording the same, the present revision may be disposed of.

https://hcservices.ecourts.gov.in/hcservices/

3. The said submission was also accepted and an endorsement to that effect has also been made by the learned Counsel for the respondent.

4. Recording the above submission and the endorsement made by the learned Counsel on either side, the Criminal Revision stands allowed by setting aside the conviction and sentence passed by the courts below. The petitioner is acquitted from the charge levelled against him. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar tsi To 1.The I Additional District and Sessions Judge, Coimbatore

2. Judicial Magistrate, Fast Track Court-1 (At Magisterial Level), Coimbatore

3. The Public Prosecutor, High Court, Madras - 104. Crl.R.C.No.520 of 2016 A.SK(22/07/2020) 03.01.2020 https://hcservices.ecourts.gov.in/hcservices/