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Madras High CourtCRL RC/1381/2017allowed in terms of compromise

M/S. Sri Palani Murugan v. K.Jayamagaraja,

2022-10-28Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.10.2022 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.13458 & 13459 of 2017 1.M/s.Sri Palani Murugan Sago Factory, Managing Partner Mallika 2.S.P.Dhanasekar 2.D.Mallika .. Petitioners Vs.

K.Jayamagaraja ..Respondent PRAYER : Criminal Revision Case has been filed under sections 397 read with 401 of Criminal Procedure Code to set aside the judgment dated 08.08.2017 passed in C.A.No.51 of 2016 on the file of the learned Principal Sessions Judge, Salem confirming the judgment of Judicial Magistrate, Fast Track Court, Attur, made in S.T.C.No.10 of 2012 dated 18.03.2016.

For Petitioners :

Mr.K.V.Sridharan 1/4

For Respondent :

Mr.V.Harish For M/s.K.M.Vijayan Associates

ORDER

Pending Criminal Revision Case against the concurrent findings of the Courts below in a private complaint filed under Section 138 of Negotiable Instruments Act, the parties have arrived at compromise and Joint Memo of Compromise is filed. However, the presence of the complainant could not be ensured, since she is ill and unable to move out from Salem.

2. In the light of the above circumstances, this Criminal Revision Case is allowed for the limited purpose. Consequently, the connected Criminal Miscellaneous Petitions are closed.

3. To record compounding the offence, the matter is remanded back to the trial Court. The complainant and the accused are directed to appear before the learned Judicial Magistrate, Fast Track Court, Attur, on 24.11.2022. Any amount deposited by the 2/4

petitioners/accused pursuant to the condition imposed by this Court in Criminal Revision Case shall be taken into account and to be disbursed as per the terms of compromise between the parties. 28.10.2022 Note: The Registry is directed to forward a copy of this order to the trial Court immediately. Internet : Yes/No Index: Yes/No rpl To 1.The Principal Sessions Judge, Salem.

2. The Judicial Magistrate, Fast Track Court, Attur. 3/4

Dr.G.JAYACHANDRAN , J.

rpl 28.10.2022 4/4