M.Venkatesan, M/A 48 Years, v. Sadaiyappan,

Bail Slip The Petitioner/Accused viz M. Venkatesan, M/48 years, S/o. Muniyappan was released on bail as per the order of this Court dated 22.01.2008 in Crl.M.P. No. 575/2018 in Crl.R.C.No.77/2018 on the file of this Court.

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED: 20.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR Crl.R.C.No.77 of 2018 M.Venkatesan S/o.Muniyappan ...Revision Petitioner/Accused versus Sadaiyappan ... Respondent/Complainant Prayer: Criminal Revision filed under Section 397 r/w.Section 401 of Code of Criminal Procedure, to call for the records on the file of the learned II Additional District and Sessions Judge, Salem, Salem District in Crl.A.No.35 of 2017 dated 20.11.2017 and conforming the judgment passed in S.T.C.No.385/2015 on the file of the learned Judicial Magistrate No.VI, Salem, Salem District dated 10.03.2017 and set aside the judgment dated 20.11.2017.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.L.Mouli Legal Aid Counsel

O R D E R

This Criminal Revision Petition has been filed to set aside the judgment of conviction and sentence dated 20.11.2017 made in Crl.A.No.35 of 2017 on the file of the II Additional District and Sessions Judge, Salem, Salem District, confirming the judgment passed in S.T.C.No.385/2015 on the file of the learned Judicial Magistrate No.VI, Salem, Salem District dated 10.03.2017.

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

2. Today, when this Criminal Revision came up for hearing, both the revision petitioner/accused and the respondent/complainant have appeared before this Court along with their respective counsels.

3. The respondent/complainant admitted the receipt of Rs.1,00,000/- over and above the cheque amount by way of a Demand Draft bearing No.289147 dated 19.04.2022 drawn on Indian Bank, Attur Branch. Further, it is submitted that a petition under Section 147 of the Negotiable Instruments Act has been filed to compound the offence.

4. Section 147 of the Negotiable Instruments Act empowers this Court to compound the offence, which registered under Section 138 of the Negotiable Instruments Act.

5. Hence, recording the above said submission, this Criminal Revision Case is allowed. The judgment of conviction and sentence passed by the Courts below are set aside and the revision petitioner is acquitted of the charge under Section 138 of the Negotiable Instruments Act.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rsi To 1.The II Additional District and Sessions Judge, Salem, Salem District.

2.The Judicial Magistrate No.VI, Salem, Salem District.

3. The Chief Judicial Magistrate Salem(for information) +1 CC to Mr.E.Kannadasan, Advocate sr 26903.

+1 CC to Mr.L.Mouli, Advocate sr 26996.

Crl.R.C.No.77 of 2018 AKII(CO) SP(06/05/2022) https://hcservices.ecourts.gov.in/hcservices/