Sri Nithya Bharathi Social Development Trust v. G.Dayalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.R.C.NO.787 OF 2019 AND CRL.M.P.NO.11323 OF 2019

1. Sri Nithya Bharathi Social Development Trust, Represented by its Founder cum Chairman, K.Sokkalingam S/o.Kamalanathan Pudupettai Street, Veedur Village & post, Maylam Main Road, Dindivanam (TK), Villupuram District - 605 652.

2. K.Sokkalingam ... Petitioners/Accused .Vs.

G.Dayalan ... Respondent/Complainant PRAYER:- The Criminal Revision is filed under Section 397 & 401 of Cr.P.C., to set aside the order dated 24.07.2019 passed by the VI Additional Sessions Judge, City Civil Court, Chennai in C.A.No.8 of 2019 confirming the conviction of judgment passed in C.C.No.1037 of 2017 dated 20.12.2018 by the learned Fast Track Court No.IV Metropolitan Magistrate, George Town, Chennai. For Petitioners :

M/s.Umamaheswari For Respondent :

Mr.J.Venkatesa Perumal

O R D E R

(This case has been heard through video conferencing) In view of the order passed by this Court in Crl.M.P.No.13705 of 2021 in Crl.R.C.No.787 of 2019 compounding the offence and acquitting the accused, this criminal revision is allowed and the judgment of the Appellate Court made in

C.A.No.8 of 2019 passed by the VI Additional Sessions Judge, City Civil Court, Chennai dated 24.07.2019, confirming the conviction of judgment passed in C.C.No.1037 of 2017 dated 20.12.2018 by the learned Fast Track Court No.IV Metropolitan Magistrate, George Town, Chennai are hereby, set aside. Consequently, the connected miscellaneous petition is closed. Bail bond if any executed by the petitioners/accused, shall stand cancelled.

2. The respondent/complainant is permitted to withdraw the deposit amount along with accrued interest lying before the Trial Court on filing necessary application and on production of proper proof. The Trial Court is directed to disburse the amount along with accrued interest to the respondent. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ham To 1.

The VI Additional Sessions Judge, City Civil Court, Chennai.

2.

-Do Thro The Principal Sessions Judge, Chennai.

3.

The Fast Track Court No.IV Metropolitan Magistrate, George Town, Chennai.

4.

-Do Thro The Chief Metropolitan Magistrate, Egmore, Chennai.

Copy To:- 1.

The Registrar General, High Court, Madras.

2.

The Section Officer, Accountant Section, High Court, Madras.

3.

The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.G.Moorthi, Advocate, S.R.No.3464 CRL.R.C.NO.787 OF 2019 AND CRL.M.P.NO.11323 OF 2019 RP(CO) PBS/07/02/2022