R.Subramaniyam, Aged 55 Years v. Balakumar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1653 of 2016 and Crl.M.P.Nos.13697 and 13699 of 2016 R.Subramaniyam ... Petitioner Vs.

Balakumar ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned I Additional District and Sessions Judge, Erode, passed in C.A.No.60 of 2015 on 02.12.2016 confirming the judgment of learned Judicial Magistrate (Fast Track I,) Erode, passed in S.T.C.No.21 of 2012 on 12.06.2015. For Petitioners:

Mr.R.Thirumoorthy For Respondent :

Mr.P.P.Shanmuga Sundaram

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 sentencing him to 6 months S.I. and imposing fine of Rs.5,000/- i/d 15 days S.I.

2. Learned counsel for petitioner submitted that the matter stands compromised between the parties. Learned counsel further submitted that petitioner has handed over demand draft bearing No.335241 dated 04.02. 2017 in a sum of Rs.1,60,000/- to the respondent/complainant.

3. Learned counsel for respondent affirms the submissions 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 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 08.02.2017 filed to compound the offence shall form part of records. *fine amount, if any paid shall be https://hcservices.ecourts.gov.in/hcservices/

refunded to petitioner Connected miscellaneous petitions are closed.

*enclose xerox copy of Memo of Compromise -s/dAssistant Registrar dated:14/03/2017 *Corrected as per order of this Court dated 06/04/2017 made in CRL RC No.1653/16 sdAssistant Registrar Dated:17/04/2017 True Copy Sub-Assistant Registrar To 1.The I Additional District To be Substituted to the and Sessions Judge, Erode order already despatched on the date 22/05/2017 2.-do- Thro The Principal Sessions Judge, Erode 3.The Judicial Magistrate cum Fast Track I, Erode 4.-do- Thro'The Chief Judicial Magistrate Erode +1 cc to Mr.R.Thirumoorthy Advocate sr 21202 +1 cc to Mr.P.P.Shanmugasundaram Advocate sr 8574 Crl.R.C.No.1653 of 2016 vd(co) aa15/03/2017 GN(11/04/2017) https://hcservices.ecourts.gov.in/hcservices/