Mr.A.M.Sundar, Aged 55 Years, v. Mrs.M.Girija, Proprietrix,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1297 of 2016 CRL.MP.Nos.11633 & 11634 of 2016 and CRL.A.No.317 of 2015 CRL.R.C.No.1297 of 2016 A.M.Sundar ... Petitioner/Accused Vs.

M.Girija ... Respondent /Complainant CRL.A.No.317 of 2015 M.Girija ... Appellant/Complainant Vs.

A.M.Sundar ... Respondent /Accused Prayer in Crl.RC.No.1297/2016:- Criminal Revision Case filed under Section 397 and 401 Cr.P.C. against the judgment dated 18.10.2016 passed in C.A.No.96 of 2014, on the file of XV Additional Sessions Judge, Chennai thereby confirming the Judgment dated 18.03.2014 passed in C.C.No.6480/2006 on the file of Fast Track Court-1, Egmore. Prayer in Crl.A.No.317/2015:- Criminal Appeal filed under Section 378 (4) Cr.P.C. against the judgment of acquittal dated 18.03.2014 made in C.C.No.6480/2006 on the file of learned Metropolitan Magistrate, Fast Track Court-1, Egmore, Chennai.

For Petitioner in Crl.R.C./ Respondent in Crl.A.

: Mr.S.Ratnakaran For Respondent in Crl.R.C/ Appellant in Crl.A.

: N.Raja Senthoor Pandian ***** COMMON ORDER Criminal Revision Case 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 six months S.I and to pay Rs.58,382/- as compensation to complainant.

2. Criminal Appeal has been preferred against the judgment dated 18.03.2014 made in C.C.No.6480/2006 on the file of learned Metropolitan Magistrate, Fast Track Court-1, Egmore, Chennai.

3. Heard learned counsel for petitioner and learned counsel for respondent. Perused the records.

4. Presently a Joint memo of compromise dated 23.08.2017 signed by both parties as also their respective counsel informing the settlement between the parties on terms stated therein is filed before this Court.

5. Accepting the said Joint Compromise Memo, the offence under section 138 of the Negotiable Instrument Act shall stand compounded. Petitioner/accused in Crl.R.C.No.1297 of 2016 shall stand acquitted in C.C.No.6480 of 2006. Fine, if any, paid shall be refunded. Bail Bonds, if any, executed shall stand cancelled. Joint Compromise Memo dated 23.08.2017 shall form part of records.

6. In the result, (i)Crl.A.No.317 of 2015 is dismissed.

(ii)Crl.R.C.No.1297 of 2016 is allowed.

Consequently, connected Miscellaneous Petitions are closed. *(Here enter enclose xerox copy of Joint Memo of Compromise) Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmi To 1.The XV Additional Sessions Judge, Chennai.

2.The Metropolitan Magistrate, Fast Track Court-1, Egmore, Chennai.

3.The Section Officer, Criminal Section, High Court, Madras-104.

+1 cc to Mr.A.Prabhakaran Advocate sr 60587 +1 cc to M/s.N.Rajasenthoor Pandian Advocate sr 60937 Crl.R.C.No.1297 of 2016 and CRL.A.No.317 of 2015 ak(co) aa27/03/2018