C.N.Balasubramaniam, 40 Yrs, v. G.A.Palanisamy,62 Yrs,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH C.N.Balasubramaniam S/o. Late Nachiappan ... Petitioner/Respondent/Accused Vs.
G.A.Palanisamy S/o.Late Angappan
...Respondent/Petitioner/Complainant
Prayer : Criminal Revision Case filed u/s.397 r/w 401 of the Criminal Procedure Code against the order of conviction dated 21.09.2017 made in C.A.No.168 of 2017 on the file of Additional Sessions Court, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.
For Petitioner : Mr.C.Ramaraj For Respondent : Mr.N.Manokaran *****
O R D E R
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This Criminal Revision Case has been filed by the petitioner, who was convicted by the Court below for offence u/s.138 of the Negotiable Instruments Act in Crl.A.No.168 of 2017 and sentenced to undergo two years simple imprisonment and to pay fine of Rs.4,00,000/- and in default to undergo a further period of six months simple imprisonment and to pay compensation of Rs.1,00,000/-, thereby reversing the order of acquittal passed by the trial Court in STC No.73/2015.
2. A mention was made before this Court by learned counsel appearing on either side to the effect that the matter has been amicably settled between the parties and hence, the same can be taken into consideration and the offence can be compounded. Based on the same, the matter was directed to be posted in the post lunch session.
3. A Memo of Compromise dated 23.01.2023 has been filed and the respondent/complainant was also present, at the time of hearing, in person.
4. It is clear from the Memo of Compromise dated 23.01.2023 filed by 2/4
the respondent that he has received the cheque amount of a sum of Rs.4,00,000/- and the respondent is not inclined to pursue further with this case any longer.
5. In view of the above development, this Court, in exercise of its jurisdiction u/s.147 of the Negotiable Instruments Act, 1881, hereby compounds the offence and the judgment and order of conviction passed by the Additional Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Erode, in Crl.A.No.168 of 2017, dated 21.09.2017, is hereby set aside.
This Criminal Revision Case is, accordingly, allowed. The Memo of Compromise dated 23.01.2023 shall form part of the records. 22.02.2023 Index : Yes/No Speaking Order / Non Speaking Order gm N. ANAND VENKATESH, J.
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