Madras High CourtCRL RC/823/2010allowed

A.Mohammed Rafi v. Kummud Agarwal

2015-07-24Honourable Mr Justice B. Rajendran2 pages

Bail Slip The Petitioner/Accused viz A.Mohammed Rafi was directed to be released on bail by the order of this court dated 12/8/2010 and made in MP.No.1/2010 in Crl RC 823/2010.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.7.2015

CORAM

THE HONOURABLE MR. JUSTICE B. RAJENDRAN CRL.REVISION CASE NO.823 OF 2010 A.Mohammed Rafi .. Petitioner/Appellant/ Accused

Versus

Kummud Agarwal .. Respondent/Respondent/ Complainant Revision Petition filed under Section 397 read with Sec. 401 of Cr.P.C. against the judgment passed in C.A.No.123 of 2009 on the file of the learned I Additional Sessions Court, Erode dated 11.6.2010 confirming the conviction and sentence passed by the learned Judicial Magistrate No.2, Erode in C.C.No.827 of 2006 dated 26.6.2009.

For Petitioner :

Mr.S.Kaithamalaikumaran For respondent :

Mr. D.Kanagasundaram

ORDER

When the matter is taken up for hearing today, the learned counsel for the revision petitioner as well as the learned counsel for the respondent submitted that the matter has been settled in between the parties and as per the compromise, a sum of Rs. 68,651/- has been received by the respondent. The learned counsel for the petitioner produced the original receipt given by the respondent.

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2. Recording the said statement made by the learned counsel on either side, the Criminal Revision case is allowed. The original receipt produced by the learned counsel for the petitioner before this Court shall form part of the order. Accordingly, following the decisions of the Honourable Supreme Court in K.J.B.L. Rama Reddy vs. Annapurna Seeds [2005 (10) SCC 632] and Sailesh Shyam Parsekar vs. Baban [2005 (4) SCC 162], the conviction and sentence imposed on the petitioner by the Courts below are set aside. The fine amount, if any, shall be refunded to the petitioner.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To

1. The first Additional Sessions Court, Erode

2. The Judicial Magistrate No.II, Erode +1cc to Mr.A.K. Kumarasamy, Advocate SR 37799 CRL.RC NO.823 OF 2010 BVR (CO) RS 14.08.2015 https://hcservices.ecourts.gov.in/hcservices/