Madras High CourtCRL RC/996/2018dismissed as settled out of court

Mr.R.Mahamandra Ruban, Male 62 v. M.Koothambalam (Died)

2023-07-31Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.RC.Nos.996 & 997 of 2018 and Crl.M.P.Nos.11623 & 11625 of 2018 Mr.R.Mahamandra Ruban ... Petitioner/Appellant/Sole Accused in both Crl.RCs Vs.

1. M.Koothambalam (Died) Rep. By its Power Agent K.Velusamy

2. K.Shakunthala (2nd Respondent brought on record as per Order dated 06.12.2017 in Crl.M.P.No.15637/2017 as legal heir of deceased 1st Respondent) ...Respondent/Respondent/Complainant in Crl.RC.No.996/2018 K.Velusamy

...Respondent/Respondent/Complainant

in Crl.RC.No.997/2018 PRAYER: Criminal Revisions filed under Section 397 & 401 of Cr.P.C., to set aside the conviction and sentence imposed on the 1/5

Petitioner/Accused in C.C.Nos.4411 of 2011 & 3704 of 2011 on the file of the learned Metropolitan Magistrate, Fast Track Court - III, Saidapet, Chennai which was confirmed in Crl.A.Nos.184 & 183 of 2016 on the file of the learned VII Additional Sessions Judge, Chennai dated 11.07.2018.

For Petitioners : Ms.R.Rajalakshmi for Mr.P.Dineshkumar For Respondent : Mr.N.Sivaprakash for R2

O R D E R

These Criminal Revisions filed to set aside the conviction and sentence imposed on the Petitioner/Accused in C.C.Nos.3704 of 2011 & 4411 of 2011 on the file of the learned Metropolitan Magistrate, Fast Track Court - III, Saidapet, Chennai which was confirmed in Crl.A.Nos.183 & 184 of 2016 on the file of the learned VII Additional Sessions Judge, Chennai dated 11.07.2018.

2. When the case is taken up for hearing, the learned Counsel for the Petitioner and the Respondents submitted that they have filed Joint Compromise Memos stating that the Respondents have received the entire cheque amount in both the cases. Ms.K.Shakunthala/Respondent 2/5

in Crl.RC.No.996/2018 and her brother Mr.K.Velusamy/Respondent in Crl.RC.No.997/2018 are also present in Court. She is unable to sit or stand and her brother assisted her. He also concedes that they have received the entire cheque amount. The Joint Compromise Memos filed by the Petitioner as well as Respondent before this Court shall form part of this order.

In terms of the Joint Compromise Memos, these Criminal Revisions are dismissed as settled out of Court. Consequently, connected Miscellaneous Petitions are closed. 31.07.2023 dh Index: Yes/No Internet:Yes/No Speaking Order/Non-speaking Order To

1. The Metropolitan Magistrate, Fast Track Court - III, Saidapet, Chennai.

3/5

2. The VII Additional Sessions Judge, Chennai.

3. The Public Prosecutor, High Court, Madras.

SATHI KUMAR SUKUMARA KURUP, J.

dh Crl.RC.Nos.996 & 997 of 2018 4/5

31.07.2023 5/5