V.Jayabalan v. K.Roopathy Sudhakar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21..04..2023 Coram THE HON'BLE DR JUSTICE G.JAYACHANDRAN Criminal Revision Case No.768 of 2020 V.Jayabalan ..... Petitioner -VersusK.Roopathy Sudhakar ..... Respondent Revision filed under Section 397 r/w 401 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the judgement dated 21.02.2020 made in C.A.No.57 of 2019 by the learned IV Additional District and Sessions Judge, Thiruvallur at Ponneri, dismissing the appeal and confirming the judgement and order dated 15.03.2019 made in S.T.C.No.311 of 2011 by the learned Judicial Magistrate, Thiruvottriyur, and set aside the same by allowing this revision.

For Appellant : Mr.R.Radha Pandian For Respondent : No Appearance JUDGEMENT This revision challenges the concurrent finding of conviction for the offence u/s138 of the Negotiable Instruments Act and sentence imposed thereof by the courts below.

2. Heard the learned counsel for the revision petitioner. There is no

representation for the respondent.

3. The learned counsel for the revision petitioner states that pursuant to the settlement arrived at between the parties in the mediation held on 08.08.2022, the revision petitioner/accused agreed to settle the dispute with the respondent/complainant by paying a sum of Rs.3,30,000/- (Rupees Three Lakhs and Thirty Thousand only) and agreed to permit the respondent to withdraw the sum of Rs.2,60,000/- (Rupees Two Lakhs and Sixty Thousand only) already deposited into the court and lying in the credit of STC No.311 of 2011 on the fie of the Judicial Magistrate, Thiruvottriyur, and also agreed to pay the balance sum of Rs.70,000/- (Rupees Seventy Thousand only) within a period of two months from the date of settlement i.e., 07.02.2023. Accordingly, a Demand Draft for Rs.70,000/- (Rupees Seventy Thousand only) was drawn at Indian Overseas Bank, Thiruvottriyur Branch, in favour of the respondent herein on 29.03.2023.

4. The learned counsel for the revision petitioner submitted that the Demand Draft has been received by the respondent on 14.04.2023. The copy of the agreement dated 07.02.2023 has also been furnished which was signed by the revision petitioner, the respondent and their respective counsel and presented before the Tamil Nadu Mediation and Conciliation Center on

08.02.2023. Based on that, the mediation center has informed this court that the parties have arrived at settlement in terms of the compromise.

5. Recording the above facts, this revision petition is disposed of as the parties have compounded the offence and hence, STC No.311 of 2011 on the file of the learned Judicial Magistrate, Thiruvottriyur, is closed as compounded.

21..04..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The IV Additional District and Sessions Judge, Thiruvallur at Ponneri, Thiruvallur District.

2.The Judicial Magistrate, Thiruvottriyur, Thiruvallur District.

DR.G.JAYACHANDRAN.J., kmk 21..04..2023