Madras High CourtCRL RC/283/2017disposed of in memo of compromise

U.Muthu, Aged 47 Years, v. A.S.Radhakrishnan,

2020-01-08Honourable Mr Justice R. Mahadevan2 pages

BAIL SLIP The petitioner, viz.,V.Muthu, s/o.Uthanda Mudaliar, aged 47 years, was directed to be released on bail as per order dated 24/02/2017 made in Crl.M.P.No. 2859/2017 in Crl.RC.No. 283/2017.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.283 of 2017 and Crl.MP.Nos.2859 and 2860 of 2017 U.Muthu ... Petitioner/Appellant/Accused Vs A.S.Radhakrishnan ... Respondent/Respondent/Complainant Prayer: Criminal Revision filed under Section 397 and 401 of the Code of Criminal Procedure, to set aside the judgment dated 12.01.2017 made in CA.No.65 of 2016 on the file of the II Additional District Sessions Court, Erode confirming the judgment dated 08.03.2016 made in STC.No.203 of 2014 on the file of the Judicial Magistrate FTC-1, Erode.

For Petitioner : Mr.M.Guruprasad For Respondent : Mr.I.C.Vasudevan

ORDER

By judgement dated 08.03.2016 passed by the learned Judicial Magistrate, Fast Track Court No.1, Erode, in S.T.C.No.203 of 2014, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for 15 days. Challenging the said conviction and sentence, the petitioner has preferred an appeal in Crl.A.No.65 of 2016 before the learned II Additional District Sessions Judge, Erode. Vide judgment dated 12.01.2017, the Appellate Court dismissed the Appeal and confirmed the judgment of the trial Court. Aggrieved over the same, the petitioner has filed the present Criminal Revision Case.

2.Today, when the matter was taken up for consideration, the learned counsel appearing for both sides have submitted that https://hcservices.ecourts.gov.in/hcservices/

the matter has been settled between the parties before the National Lok Adalat.

3.On a perusal of the records, it is seen that the learned II Additional District Judge, Erode, filed a report dated 17.07.2017 stating that the dispute between the parties has been settled before the National Lok Adalat, Erode, held on 08.07.2017 vide Lok Adalat Case No.434 of 2017 and a deed of settlement dated 06.04.2017 has also been produced to that effect.

4.In view of the above, this criminal revision stands allowed by setting aside the judgment of conviction and sentence passed by the Courts below. 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 deed of settlement dated 06.04.2017 entered into between the parties, shall form part of this order. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar rk To 1.The II Additional District Sessions Judge, Erode.

2.The Judicial Magistrate, Fast Track Court No.1, Erode.

3.Do Thro The Chief Judicial Magistrate, Erode.

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

+1cc to Mr.Guruprasad, Advocate, S.R.No. 2850 Crl.R.C.No.283 of 2017 VG I(CO) GN(24/02/2020) https://hcservices.ecourts.gov.in/hcservices/