Madras High CourtCRL RC/813/2016allowed

S.Venkatesan v. S.Devndiran

2016-06-29Honourable Mr Justice G. Chockalingam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM Crl.R.C.No.813 of 2016 and Crl.M.P.Nos.6087 and 6088 of 2016 S.Venkatesan ... Petitioner/Accused Vs.

S.Devendiran ... Respondent/Complainant Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of the Code of Criminal Procedure, praying to set aside the judgment in C.A.No.40 of 2014, dated 03.11.2015 on the file of the learned III Additional Sessions Judge, Vellore @ Thiruppur, confirming the sentence imposed in the judgment dated 15.07.2013 in C.C.No.87 of 2013 on the file of the learned Additional District Munsif and Judicial Magistrate, Ambur, and to allow the above criminal revision.

For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.K.Venkateswaran

ORDER

The learned counsel appearing for the petitioner would submit that the petitioner/accused was convicted by the learned Additional District Munsif-cum-Judicial Magistrate, Ambur, in C.C.No.87 of 2013, on 15.07.2014, for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay compensation of Rs.2,40,000/- to the complainant, in default, to undergo simple imprisonment for one month. The said conviction and sentence were confirmed by the learned III Additional Sessions Judge, Vellore @ Thiruppur, in Crl.A.No.40 of 2014, on 03.11.2015. As against the said order, the present Criminal Revision Case is preferred before this Court.

2. This Court has considered the submissions made by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the records. https://hcservices.ecourts.gov.in/hcservices/

3. Both the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent have submitted that the matter is settled out of Court and hence, they seek to set aside the conviction and sentence imposed on the petitioner/accused. An endorsement also has been made to that effect in the bundle by both the learned counsels and the endorsement reads as follows:- "The issues between the parties settled out of Court. Hence, this Hon'ble Court may be pleased to record and set aside the punishment imposed by court below.

Received a sum of Rs.2 lakhs as full and final settlement towards the cheque amount and there is no further claim as against the petitioner/accused."

4. The said endorsement is recorded. Since the dispute between the petitioner and the respondent is settled out of Court, the conviction and sentence imposed on the petitioner/accused by the learned Additional District Munsifcum-Judicial Magistrate, Ambur, in C.C.No.87 of 2013, dated 15.07.2014, is set aside and this Criminal Revision Case is allowed. The petitioner/accused is acquitted of the charge. The bail bond executed, if any, shall stand cancelled and the fine amount paid, if any, by the petitioner/accused shall be refunded to him. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To

1. III Additional Sessions Judge, Vellore, @ Thiruppur.

2. The Additional District Munsif-cum-Judicial Magistrate, Ambur, Vellore District.

Crl.R.C.No.813 of 2016 ssk[co] srg 29/06/2016 https://hcservices.ecourts.gov.in/hcservices/