P.Viswanathan v. S.Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and P.Viswanathan ... Petitioner Vs.

S.Ravichandran ... Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w.401 of Criminal Procedure Code against the judgment made in C.A.No.58 of 2021 dated 24.06.2022 on the file of XXIIIrd Additional Sessions Court, Allikulam, Chennai by confirming the Trial Court judgment dated 17.02.2021 made in C.C.No.6629 of 2015 on the file of the XX Metropolitan Magistrate, Allikulam Complex, Chennai and prayed to set aside the both Courts judgment and acquit the petitioner by allowing this Revision.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.Prakash Goklaney

ORDER

This Criminal Revision Petition has been filed against the judgment made in C.A.No.58 of 2021 dated 24.06.2022 on the file of XXIIIrd Additional Sessions Court, Allikulam, Chennai by confirming the Trial Court judgment dated 17.02.2021 made in C.C.No.6629 of 2015 on the file of the XX Metropolitan Magistrate, Allikulam Complex, Chennai.

2.When the matter is taken up for hearing, the learned counsel for the petitioner and the respondent concerned appeared in person and filed a joint compromise memo stating that the accused repaid the entire cheque amount. A portion of the cheque amount ie.,Rs.2,24,000/- (Rupees Two Lakhs Twenty Four Thousand only) has been deposited to the credit of C.C.No.6629 of 2015 on the file of the XX Metropolitan Magstrate, Allikulam, Chennai. The respondent also filed a Civil Suit against the petitioner in O.S.No.3794 of 2016 on the file of the XVIIth Additional City Civil Court, Chennai and that the complainant may be permitted to witdraw the amount and the Revision may be allowed and the accused may be acquitted from the charges.

3.Recording the submission of the learned counsel for the petitioner and the respondent, on receiving the joint memo of compromise, which shall form the part and parcel of the order, the same is recorded. Since, the matter has been compromised between the parties, this Revision is allowed and the accused is acquitted from the charges and the complainant is permitted to withdraw the amount Rs.2,24,000/- (Rupees Two Lakhs Twenty Four Thousand only) deposited by the accused in the credit of C.C.No.6629 of 2015 on the file of the learned XX Metropolitan Judge, Chennai.

4.Accordingly, this Revision is allowed. Consequently, connected miscellaneous petitions are also closed.

24.02.2023 gba To 1.The XXIIIrd Additional Sessions Court, Allikulam, Chennai

2.The XXth Metropolitan Magistrate, Allikulam Complex, Chennai.

V.SIVAGNANAM, J.

gba and 24.02.2023