B.Thilak Kumar v. N.Venkatachalapathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.08.2021

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.414 of 2021 and Crl.M.P.No.6690 & 6700 of 2021 B.Thilak Kumar

...Petitioner

Vs.

N.Venkatachalapathy

...Respondent

The Criminal Revisions filed under Section 397 read with 401 of Code of Criminal Procedure seeking to call for the records in respect of the impugned judgment of the learned I Additional District and Sessions Judge, Coimbatore, made in Crl.A.No.136 of 2020 dated 15.02.2021 confirming the conviction dated 26.02.2020 made in C.C.No.7 of 2014 by the learned Judicial Magistrate, Fast Track Court No.II, Coimbatore and set aside the same. For Petitioner : Mr.G.Sathish Kumar

ORDER

This criminal revision is preferred against two concurrent judgments of the Courts below convicting the petitioner for offence under Section 138 of Negotiable Instruments Act and sentencing him to undergo simple imprisonment for a period of six months and to pay a sum of Rs.5,00,000/-with 6% p.a. from the date of cheque calculating interest.

The learned counsel for the petitioner informed that a settlement has been reached between the petitioner and the respondent. A joint memo of compromise has also been filed by the petitioner/accused and the respondent/complainant informing that the matter has been compromised between them and this Court may set aside the conviction rendered in C.C.No.7 of 2014 by the learned Judicial Magistrate, Fast Track Court No.II, Coimbatore, dated 26.02.2020 as confirmed by the learned I Additional District and Sessions Judge, Coimbatore, made in Crl.A.No.136 of 2020 dated 15.02.2021.

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As directed by this Court, the petitioner/accused has paid 15% of the Cheque amount for compounding the offence under Section 138 of NI Act.

Taking into consideration the joint memo of compromise filed by the petitioner/accused and the respondent/complainant and also payment of 15% of the cheque amount made by the petitioner/accused, this Court records compounding of offence under Section 138 of the Negotiable Instrument Act. This Criminal Revision Case shall stand allowed and the offence under Section 138 of Negotiable Instruments Act tried in C.C.No.7 of 2014, on the file of the learned Judicial Magistrate, Fast Track Court No.II, Coimbatore, shall stand compounded. According to Section 320(8) Cr.P.C., the petitioner/accused shall stand acquitted of all charges against him. Fine amount, if any, paid by the petitioner shall be refunded to him. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cgi To

1. The I Additional District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate, Fast Track Court No.II, Coimbatore.

3. The Section Officer, Criminal Section, High Court, Madras.

+2cc M/s.G.Sathish Kumar, Advocate, Sr.37519. Crl.R.C.No.414 of 2021 and Crl.M.P.No.6690 & 6700 of 2021 VSN-II[co] NSK 01/09/2021 https://hcservices.ecourts.gov.in/hcservices/