Madras High CourtCRL RC/1273/2010disposed of

Narayananasamy v. Sadagopan

2016-11-28Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28-11-2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.R.C.No.1273 of 2010 Narayanasamy .. Petitioner/Accused Vs.

Sadagopan .. Respondent/Complainant This Criminal revision is preferred under Sections 397 and 401 of Cr.P.C., against the judgment, dated 26.8.2010 made in C.A.No.36 of 2009 by the Additional District Sessions Judge (Fast Track Court No.V), Tiruppur, confirming the judgment, dated 5.3.2009 made in STC No.1379 of 2007 by the Judicial Magistrate No.I, Tiruppur.

For Petitioner : Mr.S.N.Arunkumar for Mr.C.Ramkumar.

For Respondent : Mr.S.Baskaran for M/s.Ram and Ram.

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O R D E R

The revision petitioner has preferred this revision, challenging the conviction and sentence awarded to him by the Trial Court as well as by the Appellate Court.

2. The revision petitioner/accused has been prosecuted before the learned Judicial Magistrate No.I, Tiruppur in STC No.1379 of 2007 under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced to 1 year SI and was also directed to pay compensation of Rs.11,70,000/- under Section 357

(3) Cr.P.C.

3. Criminal Appeal in C.A.No.36 of 2009 was preferred by him has been dismissed by the learned Additional Sessions Judge (FTC No.V), Tiruppur.

4.Aggrieved, he preferred this revision.

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5. Now, both sides have entered into a Compromise and compounded the offence. Compromise Memo also has been filed. Perused. I am satisfied.

6. In the circumstances, ordered as under:-

(1) Permitted to compound the offence;

(2) Conviction, sentence and direction to pay compensation ordered by the learned Judicial Magistrate No.I, Tiruppur in STC No.1379 of 2007 and confirmed by the learned Additional Sessions Judge (FTC No.V), Tiruppur in C.A.No.36 of 2009 are set aside;

(3) The revision petitioner is acquitted under Section 138 of the Negotiable Instruments Act;

(4) Accordingly, this Criminal Revision Case is disposed of.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To

1. Principal Sessions Judge, Coimbatore.

2. The Additional District and Sessions Judge (Formerly Fast Track Court No.V), Tiruppur, Coimbatore District.

3. The Judicial Magistrate No.I, Tiruppur, Coimbatore District.

4. Do Thro the Chief Judicial Magistrate, Coimbatore.

Crl.R.C. 1273 of 2010 MMP 30.12.2016 https://hcservices.ecourts.gov.in/hcservices/