Madras High CourtCRL RC/949/2014allowed in terms of compromise

Senthil, S/O.Ramaswamy Pillai, v. Subburaj, (Deceased) S/O.Tirupathi,

2021-12-22Honourable Mr Justice D.Bharatha Chakravarthy2 pages

BAIL SLIP The Appellant/Accused namely Senthil, S/o.Ramaswamy Pillai was directed to be released on bail in and by the order of this court dated 22.09.2014 and made n Crl.M.P.No.1/14 in Crl.R.C.No.949/2014 on the file of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.949 of 2014 Senthil

...Petitioner

Versus

1. Subburaj (deceased)

2. S.Sudharsan

...Respondents

(R2 was impleaded as per order made in Crl.M.P.No.10215/2021 in Crl.R.C.No.949/2014 dated 08.11.2021) Criminal Revision Petition filed under Section 397 r/w.401 of Cr.P.C. against the judgment passed by the learned IV Additional Sessions Judge, Coimbatore in C.A.No.24 of 2013 dated 30.06.2014, confirming the conviction and sentence passed by the learned Judicial Magistrate No.1, Coimbatore in STC.No.681/2010 dated 17.1.2013.

For Petitioner : Mr.A.Tamilarasan For Respondents : Mr.C.S.Dhanasekran

ORDER

This Criminal Revision Case in Crl.R.C.No.949/2014 is filed by the petitioner/accused aggrieved by the conviction and sentence for an offence under Section 138 of the Negotiable Instruments Act imposed by the trial court, namely, learned Judicial Magistrate No.1, Coimbatore in STC.No.681/2010 dated 17.1.2013 which was confirmed by the Appellate Court, namely, learned IV Additional Sessions Judge, Coimbatore in C.A.No.24 of 2013 dated 30.06.2014.

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2. To-day, when the matter came up for hearing, the learned Counsel appearing on either side filed a photograph of the Joint Compromise Memo duly signed by the petitioner/accused as well as the complainant and submitted that the 2nd respondent in this case has received a sum of Rs.3,00,000/- towards the cheque amount and has compromised the matter.

3.In that view of the matter, the judgment of the learned Judicial Magistrate No.1, Coimbatore in STC.No.681/2010 dated 17.1.2013 and the judgment of the learned IV Additional Sessions Judge, Coimbatore in C.A.No.24 of 2013 dated 30.06.2014 are set aside. The offence stands compounded.

4. The Criminal Revision Case is allowed accordingly. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tsi To

1. The IV Additional Sessions Judge, Coimbatore.

2. The Judicial Magistrate No.1, Coimbatore.

3. The Chief Judicial Magistrate, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.949/2014 KSM(CO) RGA(07/01/2022) https://hcservices.ecourts.gov.in/hcservices/