Madras High CourtCRL RC/453/2019allowed

Maya Mohan v. A.Jebamani

2022-06-27Honourable Mr Justice D.Bharatha Chakravarthy2 pages

Bail Slip The Petitioner namely Maya Mohan in CRL.R.C.No.453 of 2019 (Accused in C.A.No.80 of 2017 on the file of Principal Sessions Judge, Kancheepuram at Chengalpattu) was released on bail vide order of this Court, dated 15.05.2019 made in Crl.M.P.No.6667 to 6669 of 2019 in CRL.R.C.No.453 of 2019.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.453 of 2019 and Crl.M.P.No.3728 of 2020 Maya Mohan ... Petitioner/Appellant/Accused

Versus

A.Jebamani ... Respondent/Respondent/Complainant Prayer : Criminal Revision Case filed u/s. 397 read with 401 of Cr.P.C to set aside the order and judgment dated 19.11.2018 in C.A.No.80 of 2017 on the file of the Learned Principal Sessions Judge, Kancheepuram at Chengalpattu confirming the sentence imposed by the Learned Judicial Magistrate Fast Track Court, Alandur dated 26.10.2017 made in C.C.No.10 of 2017 and acquit the petitioner.

For Appellant : Mr.S.Panneerselvan For Respondent : Mr.T.R.Kumaravel

JUDGMENT

This Criminal Revision Case is filed by the petitioner to set aside the order and judgment dated 19.11.2018 in C.A.No.80 of 2017 on the file of the Learned Principal Sessions Judge, Kancheepuram at Chengalpattu for the offence under Section 138 of Negotiable Instruments Act confirming the sentence imposed by the Learned Judicial Magistrate Fast Track Court, Alandur dated 26.10.2017 made in C.C.No.10 of 2017 and acquit the petitioner.

2. Today, when the matter came up for hearing, it was submitted by the learned Counsel on either side that, in this case, the cheque amount of Rs.2 lakhs was already deposited by the petitioner to the credit of C.C.No.10 of 2017 on the file of the Learned Judicial Magistrate Fast Track Court, Alandur.

Over and above the same, a sum of Rs.15,000/- is paid by way of Demand Draft bearing Demand Draft No. 331477 drawn on Indian Bank Allahabad, Madras High Court Branch dated 21.06.2022, which is duly received by the learned counsel for the Respondent/ Complainant.

3. The learned counsel for the respondent submits that the same has been accepted by the complainant in full quit and further the complainant is willing to drop the entire criminal proceeding and agrees to compound the offence.

4. In that view of the matter, this Criminal Revision case is allowed on the following terms:- (i)The conviction and sentence imposed on the petitioner by Learned Judicial Magistrate Fast Track Court, Alandur dated 26.10.2017 made in C.C.No.10 of 2017 for the offence under Section 138 of the Negotiable Instruments Act confirmed by the judgment dated 19.11.2018 by the Learned Principal Sessions Judge, Kancheepuram at Chengalpattu in C.A.No.80 of 2017 are set aside.

(ii) The offence under section 138 of Negotiable Instruments Act is treated as compounded.

(iii) The Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar sma To

1. The Judicial Magistrate, Fast Track Court, Alandur

2. The Principal Sessions Judge, Kancheepuram at Chengalpattu.

+2cc to Mr.T.R.Kumaravel, Advocate, S.R.No.40940 +1cc to Mr.S.Paneerselvan, Advocate, S.R.No.39960 Crl.R.C.No.453 of 2019 and Crl.M.P.No.3728 of 2020 GJ(CO) SB(22/07/2022)