Madras High CourtCRL RC/382/2017disposed of in memo of compromise

S.Venkatta Subba Reddy, M/47, v. J.Udaya Baskar Reddy, M/38 Yrs

2020-01-06Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.382 of 2017 and Crl.MP Nos.3530 and 3531 of 2017 S.Venkatta Subba Reddy ... Petitioner Vs J.Udaya Baskar Reddy ... Respondent Prayer: Criminal Revision filed under Section 397 and 401 of the Code of Criminal Procedure, to set aside the conviction and sentence imposed on the petitioner in STC No.530 of 2009 dated 03.05.2016 on the file of the learned Judicial Magistrate No.II, Salem, which was confirmed in Crl.A.No.65 of 2016 dated 16.12.2016 on the file of the learned III Additional District and Sessions Judge, Salem.

For Petitioner : Mr.V.Krishnamoorthy For Respondent : M/s.C.Meena

ORDER

By judgement dated 03.05.2016 passed by the learned Judicial Magistrate No.III, Salem, in S.T.C.No.530 of 2009, 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 one month. Challenging the said conviction and sentence, the petitioner has preferred an appeal in Crl.A.No.65 of 2016 before the learned III Additional District and Sessions Court, Salem. Vide judgment dated 16.12.2016, 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 https://hcservices.ecourts.gov.in/hcservices/

matter has been settled between the parties. They have also made endorsement to that effect in the petition.

3.Recording the aforesaid submission and the endorsement made by the learned counsel on either side, 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. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rk To 1.The Judicial Magistrate No.II, Salem.

2.The III Additional District and Sessions Judge, Salem.

3.The Chief Judicial Magistrate, Salem.

+1cc to Mr.C.Meena, Advocate sr.668 +1cc to Mr.V.Krishnamoorthy, Advocate sr.1407 Crl.R.C.No.382 of 2017 bp(co) nr 17/02/2020 https://hcservices.ecourts.gov.in/hcservices/