Jayaprakash v. Balu

D.BHARATHA CHAKRAVARTHY, J.

This case is listed today under the caption "being mentioned", and it is taken up for hearing at the instance of learned counsel for the petitioner.

2. The direction "that the sum of Rs.3,75,000/-, already deposited to the credit of C.C.No.146 of 2016 is permitted to be withdrawn by the petitioner/accused himself. The Trial Court shall permit the petitioner/accused to withdraw the said sum without any further formal application, upon verification of the identity and verification of the learned Counsel for the accused" has to be added as clause (ii) in paragraph No.2.

3. Registry is directed to carry out the necessary correction and issue a fresh order copy to the parties concerned.

26.07.2022 grs 1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Jayaprakash ..

Petitioner Vs Balu ..

Respondent Prayer: Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the judgment passed in Crl.A.No.1 of 2018 dated 22.04.2019 on the file of the III Additional District and Sessions Court at Kallakurichi in confirming the order of conviction dated 29.12.2017 passed in C.C.No.146 of 2016 on the file of the Fast Track Magistrate at Kallakurichi and sentencing the petitioner to undergo one year simple imprisonment under Section 138 of the Negotiable Instruments Act, 1882 and to pay fine / compensation of Rs.7,50,000/- under Section 357 of the Criminal Procedure Code, 1973 by allowing the present criminal revision petition.

For Petitioner :

Mr.R.Jayaprakash For Respondent :

Mr.G.Keerthana 2/5

O R D E R

Today, when the matter came up for hearing, it is represented by both side learned counsel that the joint compromise memo has been filed and the complainant is willing to drop all further proceedings and compound the matter.

2. In that view of the matter, the criminal revision is disposed of in the following terms:

(i) The conviction and sentence imposed on the petitioner by the judgment dated 29.12.2017 passed in C.C.No.146 of 2016 on the file of the Fast Track Magistrate at Kallakurichi and confirmed by judgment passed in Crl.A.No.1 of 2018 dated 22.04.2019 on the file of the III Additional District and Sessions Court at Kallakurichi, is set aside. The offence is treated as compounded.

19.07.2022 Index : yes/no Speaking/Non-speaking order drm 3/5

To

1. The III Additional District and Sessions Court, Kallakurichi.

2. The Fast Track Magistrate, Kallakurichi.

3. The Public Prosecutor, High Court of Madras. 4/5

D.BHARATHA CHAKRAVARTHY, J.

drm 19.07.2022 5/5