Nedunchezhiyan, M/A-65 Years v. Sri Vijayalakshmi Engineerings

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1282 of 2016 and Crl.M.P.Nos.11468 and 11555 of 2016 Nedunchezhiyan .. Petitioner/Appellant vs.

Sri Vijayalakshmi Engineerings, rep by its Proprietor Mr.Senthil Kumar, S/o.Sankar, No.95, Thiruvalluvar Street, Jagathambigai Nagar, Padi, Chennai - 600 050.

.. Respondent/Complainant Criminal Revision filed under Section 397 and 401 Cr.P.C. to call for the records and set aside the order of conviction and sentence made in C.C.No.342 of 2012, on the file of the Learned Judicial Magistrate At Ambathur, vide its judgment dated 04.11.2013 and confirmed in Criminal Appeal No.107 of 2013 on the file of the II Additional District and Sessions Judge, Poonamallee, dated 08.09.2016.

For Petitioner : Mr.Ananthanarayanan for M/s.M.Nandhie Devhan For Respondent : Mr.Mr.R.M.Malar Mannan

O R D E R

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 directing him to pay a sum of Rs.1,38,500/- towards compensation to the complainant.

2. Learned counsel for petitioner submitted that the matter stands compromised upon receipt of a sum of Rs.70,000/- by respondent/ complainant.

3. Learned counsel for respondent affirms the submissions of learned counsel for petitioner viz., that the dispute stands https://hcservices.ecourts.gov.in/hcservices/

settled between de facto complainant and petitioner. In view of Petition filed to compound the offence signed by parties as also the respective counsels, 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. Petition to compound the offence dated 29.11.2016 shall form part of records. Connected miscellaneous petitions are closed. s/d- Assistant Registrar(CS-II) /true copy/ Sub-Assistant Registrar To

1. The Learned Judicial Magistrate, Ambathur.

2. -do- Thro The Chief Judicial Magistrate, Thiruvallor.

3. The II Additional District and Sessions Judge, Poonamallee.

4. -do- Thro The Princiapl Sessions Judge, Poonamallee.

5. The public Prosecutor High Court, Madras.

Crl.R.C.No.1282 of 2016 UG sp/20/1 https://hcservices.ecourts.gov.in/hcservices/