Madras High CourtCRL RC/515/2022allowed in terms of compromise

Sujaaram v. Rajkumar

2022-06-27Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.Nos. 5231 and 5232 of 2022 Sujaram ... Appellant in both case

Versus

Rajkumar .. Respondent in both case Prayer in Crl.R.C.No.515 of 2022 : Criminal Revision Case filed u/s. 397 read with 401 of Cr.P.C to set aside the order dated 23.12.2021 passed by the Learned Principal Sessions Judge, Krishnagiri in Crl.A.No.39 of 2019 confirming the order dated 17.05.2019 passed by the Learned Judicial Magistrate No.I, Krishnagiri in S.T.C.No.607 of 2017 and allow the above criminal revision case.

Prayer in Crl.R.C.No.516 of 2022 : Criminal Revision Petition Case u/s. 397 read with 401 of Cr.P.C to set aside the order dated 23.12.2021 passed by the Learned Principal Sessions Judge, Krishnagiri in Crl.A.No.38 of 2019 confirming the order dated 17.05.2019 passed by the Learned Judicial Magistrate No.I, Krishnagiri in S.T.C.No.606 of 2017 and allow the above criminal revision case.

1/4

For Appellant : Mr.J.Hariharan For Respondent : Mr.Manoj Kumar *****

JUDGMENT

These Criminal Revision Cases are filed by the petitioner, aggrieved by the conviction for the offence under section 138 of Negotiable Instrument Act.

2. Today, when the matter came up for hearing, it is represented by the learned Counsels on either side that, pursuant to the amount paid by the accused pending disposal of the Criminal Revision Cases, the same has been accepted by the complainant in full quit and further the complainant is willing to drop the entire criminal proceeding and the offence may be compounded. A Joint Compromise Memo to that effect has also been filed.

3. Both the complainant and the accused are present today and agreed to the above fact.

4.In that view of the matter, these Criminal Revision Cases are allowed on the following terms:- 2/4

(i) The conviction and sentence imposed on the petitioners by the judgement dated 17.05.2019 made in S.T.C.Nos. 606 and 607 of 2017 by the Learned Judicial Magistrate No.I, Krishnagiri and confirmed by Learned Principal Sessions Judge, Krishnagiri in Crl.A.Nos.38 and 39 of 2019 in a judgment dated 23.12.2021 made in C.A.No.67 of 2019 are set aside. (ii) The offence under Section 138 of Negotiable Instruments Act is treated as compounded.

(iii) The Connected Miscellaneous Petitions are closed. 27.06.2022 Index : yes/no Speaking order/Non-speaking order sma To

1. Judicial Magistrate No.I, Krishnagiri

2. Principal Sessions Judge, Krishnagiri

3. The Public Prosecutor, Madras High Court.

3/4

D.BHARATHA CHAKRAVARTHY, J.

sma and Crl.M.P.Nos. 5231 and 5232 of 2022 27.06.2022 4/4