Madras High CourtCRL RC/332/2017disposed of in memo of compromise

S.Saravanan, Aged 42 Years, v. M/S.Sri Gowsalya Yarn Stores,

2020-02-03Honourable Mr Justice R. Mahadevan3 pages

BAIL SLIP The Petitioner viz., Mr.S.Saravanan, M/42 years, S/o.Chandrasekar was released on bail as per order of this Court dated 01/03/2017 made in Crl.R.C.332/2017 and Crl.Mp.Nos.3141 & 3143 of 2017 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.332 of 2017 and Crl.MP.Nos.3141 and 3143 of 2017 S.Saravanan ..

Petitioner Vs M/s.Sri Gowsalya Yarn Stores 38, Alagiri Singa Street, Erode-1, rep. By its Power Agent/Manager, M.Ramesh, S/o.P.Muthusamy, 3, Vasuki 2nd Street, Erode Taluk, Erode District.

Respondent * * * Prayer: Criminal Revision filed under Section 397 and 401 of the Code of Criminal Procedure, to set aside the judgment dated 02.02.2017 made in C.A.No.120 of 2016 on the file of the II Additional District and Sessions Court, Erode confirming the conviction imposed in the judgment dated 07.04.2016 made in STC No.371 of 2013 on the file of the Judicial Magistrate FTC-1, For Petitioner : Mr.N.Manokaran For Respondent : Mr.Gurupasad

O R D E R

By judgement dated 02.02.2017 passed by the learned Judicial Magistrate, Fast Track Court No.1, Erode, in S.T.C.No.371 of 2013, the petitioner was convicted for the

offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo rigorous 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.120 of 2016 before the learned II Additional District and Sessions Judge, Erode. Vide judgment dated 02.02.2017, 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 the matter has been settled between the parties and they have also filed a Joint Memorandum of Compromise dated 29.01.2020 (JMC) signed by the parties as well as their counsels to that effect.

3. A perusal of the said JMC makes it clear that the dispute between the parties has been settled. In view of the same, 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 bonds, 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 JMC dated 29.01.2020 entered into between the parties, shall form part of this order. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ENCL: Xerox Copy of Joint Memo of Compromise attached.

gg To 1.The II Additional District and Sessions Judge, 2.The Judicial Magistrate, Fast Track Court No.1,

3.The Chief Judicial Magistrate, Erode. (For Information), 4.The Judicial Magistrate, +1cc to Mr.N.Manokaran, Advocate, S.R.No. 8472 +1cc to Mr.M.Guruprasad, Advocate, S.R.No. 8758 Crl.R.C.No.332 of 2017 SPD(CO) GN(10/03/2020)