Madras High CourtCRL RC/1329/2016disposed of

M/S.Sornam Exports, v. P.Buchi Babu,

2016-12-09Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1329 of 2016 and Crl.M.P.Nos.11942 and 11944 of 2016 1.M/s.Sornam Exports, represented by its Partner Loganathan 2.Loganathan S/o.Ponnusamy ... Petitioners Vs.

P.Buchi Babu S/o.Paramanadam ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned I Additional District and Sessions Judge, Tirupur, passed in C.A.No.72 of 2015 on 29.07.2016 confirming the judgment of learned Judicial Magistrate cum Fast Track Judge, Tirupur, passed in C.C.No.171 of 2013 on 02.07.2015.

For Petitioners :

Mr.K.Vignesh Karthick For Respondent :

Mr.E.Felix Parthiban *****

O R D E R

This revision is preferred against two concurrent judgments of Courts below convicting petitioners for offence under Section 138 of the Negotiable

Instruments Act and sentencing the second petitioner to 1 year S.I. and imposing fine of Rs.1,000/- on each of the petitioners i/d 1 month S.I.

2. Learned counsel for petitioners submitted that the matter stands compromised upon receipt of entire cheque amount by respondent/ complainant.

3. Learned counsel for respondent affirms the submissions of learned counsel for petitioners viz., that the dispute stands settled between de facto complainant and petitioners.

In view of the Compromise Memo 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. Compromise Memo dated 07.12.2016 filed to compound the offence shall form part of records. Connected miscellaneous petitions are closed. 09.12.2016 Index:yes/no Internet:yes/no gm

To 1.The I Additional District and Sessions Judge, Tirupur.

2.The Judicial Magistrate cum Fast Track Judge, Tirupur.

C.T.SELVAM, J gm

Crl.R.C.No.1329 of 2016 09.12.2016 http://www.judis.nic.in