Madras High CourtCRL RC/969/2019allowed

Prestige Firm v. P.Sakthivel

2022-07-12Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Prestige Firm Rep. by its Partner Shalini

2. Shalini ... Petitioners

Versus

P.Sakthivel ... Respondent Prayer: Criminal Revision Case filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order of the learned I Additional District and Sessions Judge, Erode in Crl.A.No.79 of 2015, dated 22.07.2019 against the order in S.T.C.No.202 of 2012 on the file of the learned Judicial Magistrate, Fast Track Judge No.II, Erode, dated 18.06.2015 and set aside the same.

For Petitioners : Mr.T.Ganesan For Respondent : Mr.I.C.Vasudevan 1/4

ORDER

It is stated by both sides learned Counsel that part of the cheque amount has been paid directly to the respondent/complainant and part of the amount is deposited to the credit of the Trial Court and the respondent/complainant accepts the said sums as full quit and is willing to drop all the further proceedings and compound the offence.

2. In that view of the matter, this Criminal Revision Case is allowed on the following terms:- (i) The conviction and sentence of the petitioner, by the judgment, dated 18.06.2015 in S.T.C.No.202 of 2012 on the file of the learned Judicial Magistrate, Fast Track Judge No.II, Erode, as confirmed by the I Additional District and Sessions Judge, Erode, by the judgment, dated 22.07.2019 in Crl.A.No.79 of 2015 is set aside;

(ii) The offence is treated as compounded;

(iii) A sum of Rs.1,15,000/-, lying to the credit of S.T.C.No.202 of 2012, on the file of the learned Judicial Magistrate, Fast Track Judge No.II, Erode shall be paid to the respondent/complainant. It is represented by the learned Counsel for the respondent/complainant that the respondent/complainant is indisposed and is not in a position to appear before the Trial Court. In that 2/4

view of the matter, the Trial Court is directed to issue cheque in the name of the respondent/complainant to be handed over to the learned Counsel for the respondent/complainant appearing before the Trial Court. (iv) Consequently, Crl.M.P.Nos.13668 and 13669 of 2019 are closed. 12.07.2022 Index : yes/no Speaking order/Non-speaking order grs To

1. The I Additional District and Sessions Judge, Erode.

2. The Judicial Magistrate, Fast Track Judge No.II, Erode.

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D.BHARATHA CHAKRAVARTHY. J., grs 12.07.2022 4/4