Madras High CourtCRL RC/228/2017disposed of in memo of compromise

K.E.Chandran v. T.Sathyanarayanan

2020-02-03Honourable Mr Justice R. Mahadevan2 pages

Bail Slip The Appellant/Accused,namely K.E.Chandran S/o.Ethirajulu Aged 59 years was directed to be released on bail as per order of this Court dated 15.02.2017 made in MP.NO.2204/2017 in Crl.R.C.No.228 of 2017 .

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.228 of 2017 and Crl.M.P.Nos.2204, 2205 and 2348 of 2017 K.E.Chandran .. Petitioner/ Accused Vs T.Sathyanarayanan .. Respondent/Complainant Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgment in C.C.No.3454 of 2010 dated 24.07.2015, by the Metropolitan Magistrate Fast Track Court - I, Egmore, Chennai, confirmed by the VII Additional Sessions Court at Chennai, City Civil Court, dated 23rd October 2016 in C.A.No.156/2015 and call for the records and acquit the petitioner from all the charges. For Petitioner :Mr.S.Sivashankar For Respondent :Mr.G.Saravanan

ORDER

The revision petitioner is an accused in C.C.No.3454 of 2010 on the file of the learned Metropolitan Magistrate Fast Track Court - I, Egmore, Chennai. By judgment dated 24.07.2015, he was found guilty under section 138 of Negotiable Instruments Act and convicted under Section 255(2) Cr.P.C. and sentenced him to undergo Simple Imprisonment for a period of one year and to pay the three case cheque amounts totalling to Rs.1,30,000/- towards compensation to the respondent within a period of three months, in default to undergo simple imprisonment for a period of three months. Aggrieved over the same, the petitioner preferred a Criminal Appeal in C.A.No.156/2015 before the VII Additional Sessions Court, Chennai. By judgment dated 23.10.2016, the Appellate Court dismissed the appeal and thereby confirmed the conviction and sentence passed by the trial Court. Challenging the same, the petitioner is before this Court with this Criminal Revision.

https://hcservices.ecourts.gov.in/hcservices/

Today, when the matter was called, the learned counsel for the petitioner submitted that before the Mediation and Conciliation Centre, the matter has been settled between the parties and a Compromise Memo dated 26.04.2017 signed by both the parties along with their respective counsels, has been filed to that effect. The same was also accepted by the learned Counsel for the respondent.

In terms of the Compromise memo dated 26.04.2017 entered into between the parties, this Criminal Revision stands disposed of. The judgment of conviction and sentence passed by the Courts below are set aside and the petitioner is acquitted from the charge levelled against him. The bail bond, if any executed by the petitioner shall stand cancelled and the fine amount, if any paid by the petitioner shall be refunded to him. The Compromise Memo dated 26.04.2017 shall form part of this order. Consequently, connected Miscellaneous Petitions are closed.

*Herein enclosed the Memo of Compromise xerox Sd/- Assistant Registrar(Ccc) //True Copy// Sub Assistant Registrar av To

1. The Metropolitan Magistrate Fast Track Court - I, Egmore, Chennai.

2. The VII Additional Sessions Judge, City Civil Court, Chennai.

3.Do thro the Chief Judicial Magistrate, Egmore, chennai (For information) Copy to:

The Section Officer, Criminal Section, High Court,Madras Crl.R.C.No.228 of 2017 A.SK(08/09/2020) https://hcservices.ecourts.gov.in/hcservices/