Madras High CourtCRL RC/468/2017disposed of in memo of compromise

P.M.Thangavel, Aged 50 Years, v. M.Ramesh, S/O.Muthusamy,

2020-02-18Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.468 of 2017 P.M.Thangavel ... Petitioner Vs.

M.Ramesh ... Respondent Prayer : Criminal Revision Case filed under Sections 397 and 401 Cr.P.C. against the judgment dated 17.02.2017 passed in Crl.A.No.173 of 2016 on the file of the I Additional District and Sessions Judge, Erode, confirming the order passed in S.T.C.No.354 of 2015 dated 08.09.2016 on the file of the Judicial Magistrate, Fast Track Court No.I, Erode. For Petitioner :

Mr.V.Regunathan For Respondent :

Mr.R.Prabakar

O R D E R

By judgment, dated 08.09.2016 passed by the learned Judicial Magistrate, Fast Track Court No.I, Erode, in S.T.C.No.354 of 2015, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of six months and to pay a fine amount 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.173 of 2016 before the learned I Additional District and Sessions Judge, Erode, in which, the order passed by the Trial Court was confirmed. Aggrieved over the same, the petitioner has filed the present Criminal Revision Case. 2.The learned counsel for the petitioner submitted that the matter stood compromised between the parties.

The learned counsel further submitted that the petitioner has given a cash of Rs.1,00,000/- to the respondent, towards full and final settlement. He also filed a joint memo of compromise entered into between the parties, duly attested by a Notary Public. https://hcservices.ecourts.gov.

3.The learned counsel for the respondent affirms the above submission of the learned counsel for the petitioner. 4.It is also submitted by the learned counsel on either side that by virtue of the above compromise, the parties have no objection in acquitting the Revision Petitioner herein and they have no objection for the Revision Petitioner from withdrawing the fine amount that he has paid before the Trial Court. 5.Since both the parties have entered into compromise, this Court is of the view that no prejudice would be caused to any of the parties, if the joint compromise memo is accepted by this Court. Accordingly, the offence under Section 138 of the Negotiable Instruments Act is compounded and the conviction and sentence imposed on the petitioner / accused by the Trial Court and confirmed by the Appellate Court, are set aside. The fine amount, if any, paid by the petitioner shall be refunded back to him and the bail bonds, if any, executed shall stand cancelled. The said Joint Memo of Compromise shall form part of the records.

6.The Criminal Revision Case is disposed of accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Gg ENCL: Xerox Copy of Compromise Deed To

1. The I Additional District and Sessions Judge, Erode.

2. The Judicial Magistrate, FTC No.I, Erode.

+1cc to Mr.V.Regunathan, Advocate, S.R.No. 13528 Crl.R.C.No.468 of 2017 RLD(CO) GN(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/