Ragavendra Agencies v. Nivas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2021

CORAM:

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.R.C.No.263 of 2021 and Crl.M.P.No.5618 of 2021 Ragavendra Agencies represented by its Proprietor Arumugam S/o.Gopalakrishnan having office at 10/254, Annai Indira Nagar, Periya Bickatty, Hubbathalai, Auvankadu, Coonoor, The Nilgiris.

... Petitioner Vs.

1. Nivas

2. The Inspector of Police, Coonoor ... Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the Judgment passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Court), Udhagamandalam at Nilgiris in Crl.A.No.9 of 2016 dated 17.03.2021 confirming the sentence passed in CC.No.81 of 2014 of the learned Fast Track Magistrate at Coonoor dated 31.07.2015. For Petitioner : Mr.R.Gopinath For Respondents: Ms.Saradha Devi Government Advocate(Crl.Side)for R2

O R D E R

This revision case is directed against the Judgment passed by the learned Sessions Judge/Magalir Neethimandram (Fast Track Court), Udhagamandalam in Crl.A.No.9 of 2016. By the impugned judgment, the Appellate Court has confirmed the judgment passed by the learned Judicial Magistrate, Fast Track Court, Coonoor in C.C.No.81 of 2014. The appellant has been concurrently found guilty for the offence under Section 138 of Negotiable Instruments Act. Thiru. Nivas has filed the present complaint.

2. Thiru.Nivas appeared before this Court through Videoconferencing. He has been duly identified by the learned counsel for the petitioner as well as one Thiru.Vijayakumar. Thiru.Nivas has categorically stated that he has compounded the matter with the accused and that he has no objection for quashing the impugned judgments and for allowing this revision case. Since the parties have resolved the issue between themselves, I am of the view that the impugned judgments can be set aside by recording the compromise between the parties. The compromise https://hcservices.ecourts.gov.in/hcservices/

memo has been filed before the Court and the same is also taken on record. The complainant Tr.Nivas informed the Court that he has already received the cheque amount from the appellant viz., the revision petitioner herein.

3.In view of the same, the impugned judgments are set aside, the revision case is allowed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Vacation Officer) //True Copy// Sub Assistant Registrar lpp/rm To 1.The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Udhagamandalam, The Nilgiris. 2.The Judicial Magistrate, Fast Track Court, Coonoor. 3.The Inspector of Police, Coonoor.

4.The Public Prosecutor, High Court of Madras, Madras. +cc to Mr.R.Gopinath, Advocate,Sr.27182 Crl.R.C.No.263 of 2021 and Crl.MP.No.5618 of 2021 GMR(CO) baf 12/05/2021 https://hcservices.ecourts.gov.in/hcservices/