Madras High CourtCRL RC/280/2014allowed

A.Chandrasekar v. Sathyendhar

2021-12-08Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.280 of 2014 A.Chandrasekar .. Revision Petitioner

Versus

Sathyendhar .. Respondent Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to allow the Criminal Revision Petition and set aside the judgment of conviction imposed by the learned VII Additional Sessions Judge, Chennai in C.A.No.167 of 2011 dated 08.07.2013 confirming the judgment of conviction in C.C.No.14123 of 2005 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai dated 04.07.2011. For Revision Petitioner: Mr.C.K.M.Appaji For Respondent : Mr.N.S.Sivakumar

ORDER

This Criminal Revision Case is filed by the petitioner/accused aggrieved by the conviction for an offence under Section 138 of Negotiable Instruments Act by the judgment of the learned XIV Metropolitan Magistrate, Egmore, Chennai dated 04.07.2011 in C.C.No.14123 of 2005 and the judgment of the learned VII Additional Sessions Judge, Chennai dated 08.07.2013 in Crl.A.No.167 of 2011.

2. Today, when the matter came up for hearing, both petitioner/accused and respondent/complainant are present. The learned Counsel on both the sides are present. They filed a joint memorandum of compromise, whereunder, it is stated that the complainant had received Rs.1,10,000/- in full quit towards sum due in both the matters i.e., Crl.R.C.Nos.280 and 281 of 2014 and compounded the cases.

3. The said memo is recorded.

4. As per the said joint memorandum of compromise, it is seen that a sum of Rs.30,000/-, which is deposited to the credit of C.C.Nos.14123 of 2005 and 14124 of 2005 in receipt Nos.65472 and 65473 in compliance of the bail condition imposed in Crl.M.P.No.1 of 2014 in Crl.R.C.No.280 of 2014 and https://hcservices.ecourts.gov.in/hcservices/

in Crl.M.P.No.1 of 2014 in Crl.R.C.No.281 of 2014, is consented to be withdrawn by the petitioner/accused himself, who had deposited the amount. Accordingly, he may be entitled to withdraw the said amount of Rs.30,000/-, which is deposited by him in the Court.

5. The Criminal Revision Case in Crl.R.C.No.280 of 2014 stands allowed. The judgment of the learned VII Additional Sessions Judge, Chennai dated 08.07.2013 in Crl.A.No.167 of 2011 and the judgment of the learned XIV Metropolitan Magistrate, Egmore, Chennai dated 04.07.2011 in C.C.No.14123 of 2005 are set aside. The offence stands compounded. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar grs To 1.The VII Additional Sessions Judge, Chennai. 2.The XIV Metropolitan Magistrate, Egmore, Chennai. +1 cc to Mr.C.K.M.Appaji, Advocate Sr.NO. 65750 Crl.R.C.No.280 of 2014 AD(CO) A.SK(17.12.2021) https://hcservices.ecourts.gov.in/hcservices/