Madras High CourtCRL RC/1591/2016allowed

E.Vijayakumar v. P.Ramesh Babu (M/42 Years)

2017-04-27Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM Criminal Revision Case No.1591 of 2016 and Crl.M.P.Nos.13068 and 13262 of 2016 E.Vijayakumar ... Petitioner/Appellant/Accused Vs.

P.Ramesh Babu ... Respondent/Complainant Prayer: Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C., against the judgment dated 24.03.2016 passed in C.A.No.05 of 2015 by the Principal District and Sessions Judge, Vellore confirming the order dated 13.01.2015 passed in C.C.No.153 of 2013 passed by the Judicial Magistrate, Fast Track Court, Vellore.

For Petitioner : Mr.P.V.Sudakar For Respondent : Mr.E.Kannadasan

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 one year S.I. and fine of Rs.5,000/- i/d 3 months S.I., petitioner was directed to pay compensation in a sum of Rs.8,00,000/- within 3 months i/d 3 months S.I.

2. Learned counsel for petitioner and respondent submitted that the dispute between the parties has been settled and filed a joint memo of compromise dated 27.04.2017. Revision petitioner agreed to pay Rs.8,00,000/-(Rupees eight lakhs only) towards full and final settlement towards all the claims of the respondent and as agreed, the entire amount has been paid.

3. In view of the Compromise Memo filed to compound the offence signed by parties as also their respective counsel, 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 https://hcservices.ecourts.gov.in/hcservices/

compounded. Petitioner shall stand acquitted in the case. Compromise Memo dated 27.04.2017, filed to compound the offence shall form part of records. Connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rm To 1.The Principal District & Sessions Judge, Vellore.

2.The Judicial Magistrate, (Fast Track Court), Vellore.

3.The Chief Judicial Magistrate, Vellore.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.26068 Crl. R.C. No.1591 of 2016 and Crl.M.P.Nos.13068 and 13262 of 2016 RV(CO) CA(28/06/2017) https://hcservices.ecourts.gov.in/hcservices/