L.H.Harish Ram v. M/S.Media One Global

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.Nos.954 and 955 of 2015 and M.P.Nos.1 and 1 of 2015 L.H.Harish Ram ... Petitioner/Appellant/Accused in both cases Vs.

M/s. Media One Global Entertainment Ltd Rep by its distribution incharge Mr.Durai No.59, vijayaraghava road T.Nagar Chennai ... Respondent/Respondent/Complainant in both Crl.R.Cs.

Criminal Revisions filed under Section 397 and 401 Cr.P.C. praying against the judgment dated 04/07/2015 passed by learned II Additional Sessions Judge, Chennai, in C.A.Nos.8 and 9 of 2014 sentencing the petitioners u/s.138 of the Negotiable Instruments Act by confirming the judgment dated 10.12.2013 passed in C.C.Nos.344 and 345 of 2011 by learned Metropolitan Magistrate, FTC III, Saidapet.

For Petitioner :

Mr.K.S.Karthik Raja For Respondent :

Mr.P.K.Shrinivasan C O M M O N O R D E R These revisions are preferred against two concurrent judgments of the Courts below convicting the petitioner for offences under Section 138 of the Negotiable Instruments Act and sentencing him to undergo six months simple imprisonment and to pay the entire cheque amount within a period of one month.

2. Learned counsel for petitioner submitted that the matter stands settled between the parties. Learned counsel submits that the petitioner has no objection to the complainant withdrawing https://hcservices.ecourts.gov.in/hcservices/

sums deposited before the learned Magistrate, Fast Track Court III, Saidapet, Chennai.

3. Learned counsel for the respondent affirms the submissions of learned counsel for petitioners viz., that the dispute stands settled between the defacto complainant and petitioner.

4. In view of the Memo of Compromise filed to compound the offence signed by the parties as also the respective counsel, this Court is inclined to allow these revisions. Accordingly, the offence under section 138 r/w 142 of the Negotiable Instrument Act tried in C.C.Nos.344 and 345 of 2011 shall stand compounded.

The petitioner shall stand acquitted in the case. Fine amount, if any, paid by the petitioner shall be refunded to them. It will be open to the respondent/complainant to withdraw the sums lying to the credit of C.C.Nos.344 and 345 of 2011 on the file of learned Magistrate, Fast Track Court III, Saidapet, Chennai. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The II Additional Sessions Judge, Chennai.

2.The Metropolitan Magistrate, Fast Track Court III, Saidapet, Chennai +1cc to Mr.K.S.Karthikraja, Advocate sr.59014 +2cc to Mr P.K.Srnivasan, Advocate Sr.59113, 59112 Crl.R.C.Nos.954 and 955 of 2015 ev[co] srg 21/10/2016 https://hcservices.ecourts.gov.in/hcservices/