Madras High CourtCRL RC/1300/2010allowed

A.Raju v. S.Natesan

2015-07-08Honourable Mr Justice B. Rajendran2 pages

Bail Slip:- The Revision Petitioner / Accused namely A. Raja S/o. Arthanari was directed to be released on bail as per order of this court dated 22.12.2001 and made in Crl.M.P.No.1/10 in Crl.R.C.1300/2010 on the file of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.7.2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Crl.Revision Case No.1300 of 2010 and M.P. No. 1 of 2015 A. Raju .. Petitioner / Accused

Versus

S.Natesan .. Respondent/ Complainant Revision Petition filed under Section 397 read with Sec. 401 of Cr.P.C. to set aside the conviction and sentence in Crl.A.No.32 of 2010 on the file of the Additional District and Sessions Judge, Fast Track No.1, Erode, order dated 02.11.2010 confirming in C.C.No.121 of 2009 on the file of Judicial Magistrate No.III, Erode, order dated 02.2.2010 and allowed this Criminal Revision Petition.

For Petitioner :

Mr.S.Dhanasekaran For respondent :

Mr.S.Kaithamalai Kumaran

ORDER

When the matter is taken up for hearing today, the learned counsel for the revision petitioner submitted that the matter has been settled in between the parties and as per the compromise, a sum of Rs. 5,00,000/- has been received by the respondent as early as on 05.6.2013. The learned counsel for the petitioner also produced the original receipt given by the respondent.

2. Recording the said statement made by the learned counsel for the petitioner, the Criminal Revision case is allowed. The original receipt produced by the learned counsel for the petitioner before this Court shall form part of the order. Accordingly, following the decisions of the Honourable Supreme Court in K.J.B.L. Rama Reddy vs. Annapurna Seeds [2005 (10) SCC 632] and Sailesh Shyam Parsekar vs. Baban [2005 (4) SCC 162], the conviction and https://hcservices.ecourts.gov.in/hcservices/

sentence imposed on the petitioner by the Courts below are set aside. The fine amount, if any, shall be refunded to the petitioner.

*Enclosed herewith xerox copy of receipt dated 5.3.2013 filed by Respondent Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ga To

1. The Additional District and Sessions Judge, FTC No.1, Erode,

2. The Judicial Magistrate No.III, Erode

3. do thro the Chief Judicial Magistrate Erode

4. The Public Prosecutor, High Court, Madras. 1 cc to Mr.S. Dhanasekaran, Advocate, SR. 34463 Crl.RC No.1300 of 2010 MSM (CO) kk 27/7 https://hcservices.ecourts.gov.in/hcservices/