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Madras High CourtCRL RC/570/2025allowed

Papji v. Pandiyammal

2025-07-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.570 of 2025 and Crl.M.P.No.8799 of 2025 Papji .....

Petitioner Vs Pandiyammal .....

Respondent Prayer: Criminal Revision Case is filed under Section 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to call for the records relating to C.A.No.299/2023 before the I Additional District and Sessions Court, Tiruppur and S.T.C.No.314/2021 before the Judicial Magistrate (Fast Track Court), Tiruppur, set aside the conviction and sentence imposed on the petitioner and acquit him of the charges under Section 138 of Negotiable Instruments Act. For Petitioner : Mr.S.Ezhilraj For Respondent : Mr.K.Balachandar

ORDER

This Criminal Revision Case has been filed as against the Judgment dated 24.02.2025 passed in C.A.No.299/2023, by the I Additional District and Sessions Judge, Tiruppur, confirming the order of conviction passed by the Judicial Magistrate, Fast Track Court, Tiruppur, in S.T.C

No.314/2021, thereby convicting the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.

2. The learned counsel appearing for the petitioner would submit that, at the time of filing the revision, the petitioner had settled the cheque amount to the respondent and both parties had entered into a Memo of Compromise dated 14.03.2025.

3. On perusal of the Memo of Compromise dated 14.03.2025, it is seen that the parties have amicably settled the dispute, and the respondent has no objection in setting aside the conviction as against the petitioner herein.

4. In view of the above, the Judgment dated 24.02.2025 passed in C.A.No.299/2023 by the learned I Additional District and Sessions Judge, Tiruppur confirming the Judgment and conviction passed by the Judicial Magistrate, Fast Track Court, Tiruppur, in S.T.C No.314/2021, dated 03.10.2023 are hereby set aside and the terms of Joint Memo of Compromise, dated 14.03.2025 shall form part and parcel of this order.

5. Accordingly, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petition is closed. 21.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Nhs To

1. The learned I Additional District and Sessions Judge, Tiruppur

2. The Judicial Magistrate, Fast Track Court, Tiruppur. G.K.ILANTHIRAIYAN. J, Nhs

Crl.R.C.No.570 of 2025 and Crl.M.P.No. 8799 of 2025 21.07.2025