Madras High CourtCRL RC/1235/2016allowed

Jaishankar v. K.P.Nandhakumar

2016-12-15Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1235 of 2016 and Crl.M.P.Nos.11215 and 11153 of 2016 Jaishankar S/o.Sakthivel ... Petitioner Vs.

K.P.Nandhakumar S/o.K.M.Palanisamy ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned II Additional Sessions Judge, Erode, passed in C.A.No.38 of 2014 on 09.08.2016 confirming the judgment of learned Judicial Magistrate, Fast Track Court (Magistrate Level-I), Erode, passed in S.T.C.No.302 of 2012 on 30.04.2014.

For Petitioner :

Mr.M.Guruprasad For Respondent :

Mr.C.Ramkumar *****

O R D E R

This Court has reserved orders in this revision on 30.11.2016 on which date the parties were granted time till 14.12.2016 to settle the matter. Today, the matter is listed under the caption 'for orders'.

2. This revision is preferred against two concurrent judgments of Courts below convicting petitioner for offence under Section 138 of the Negotiable Instruments Act and sentencing him to 6 months S.I. and fine of Rs.5,000/- i/d 30 days S.I.

3. Learned counsel for petitioner submitted that the matter stands compromised upon receipt of Rs.75,000/- by respondent/complainant.

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4. Learned counsel for respondent affirms the submission of learned counsel for petitioner viz., that the dispute stands settled between de facto complainant and petitioner. In view of the Compromise Memo filed to compound the offence signed by parties, this Court is inclined to allow this petition. Accordingly, the Criminal Revision Case shall stand allowed. The offence under section 138 of the Negotiable Instrument Act shall stand compounded. Petitioner shall stand acquitted in the case. Compromise Memo dated 30.11.2016 filed to compound the offence shall form part of records. Connected miscellaneous petitions are closed.

-sdAssistant Registrar //True copy// Sub Assistant Registrar gm To 1.The I Additional District and Sessions Judge, Erode.

2.The Judicial Magistrate cum Fast Track Judge, (Magistrate Level-I), Erode.

+1 C.C. to Mr.M.Guruprasad Advocate SR.NO.73616 Crl.R.C.No.1235 of 2016 NM (CO) VS 04.01.2017 https://hcservices.ecourts.gov.in/hcservices/