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Madras High CourtCRL RC/528/2017disposed of in memo of compromise

K.Baskaran, Aged 44 Years, v. N.Naresh, S/O.Narayanaswamy,

2020-01-07Honourable Mr Justice R. Mahadevan2 pages

Bail Slip This Appellant/Accused viz K. Baskaran was released on bail as per order of this Court dated 04.04.2017 and made in Crl.M.P. 4698/2017 in Crl.R.C.528 of 2017.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.528 of 2017 K.Baskaran ..Petitioner Vs N.Naresh ..Respondent Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgment passed by the learned Sessions Judge, Sessions Court No.II, Kancheepuram in C.A.No.13 of 2015 dated 24.02.2017 confirming the sentence to undergo 3 months simple imprisonment and to pay a fine of Rs.1,000/-, failing which the petitioner shall undergo simple imprisonment for a further period of two weeks and also to pay the complainant a sum of Rs.1,71,000/- as compensation within one month, in default, to undergo further period of two weeks simple imprisonment for the offence under Section 138 of the Negotiable Instruments Act in STC.No.1254 of 2014 passed by the learned District Munsif-cum-Judicial Magistrate at Sriperumpudur, Kancheepuram District in its judgment dated 30.3.2015.

For Petitioner :Mr.M.Sathishkumar For Respondent :Mr.K.G.Senthilkumar

ORDER

The revision petitioner is an accused in STC.No.1254 of 2014 on the file of the learned District Munsif-cum-Judicial Magistrate, Sriperumpudur, Kancheepuram District. By judgment dated 30.03.2015, he was convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo Simple Imprisonment for a period of three months and to pay a fine of Rs.1,000/-, failing which the petitioner shall undergo simple imprisonment for a further period of two weeks and also https://hcservices.ecourts.gov.in/hcservices/

to pay the complainant a sum of Rs.1,71,000/- as compensation within one month, failing which, to undergo further period of two weeks simple imprisonment for the offence under Section 138 of the Negotiable Instruments Act. Aggrieved over the same, the petitioner preferred a Criminal Appeal before the learned Sessions Judge, Sessions Court No.II, Kancheepuram in C.A.No.13 of 2015. By judgment dated 24.02.2017, the Appellate Court dismissed the appeal confirming the conviction and sentence of the trial Court. Against the same, the petitioner is before this Court with this Criminal Revision.

2.

Today, when the matter was called, the learned Counsel for the petitioner submitted that the dispute has been settled between the parties before the Lok Adalat. A Joint Memo of Compromise dated 10.07.2019 signed by both the parties along with their respective counsels was also filed to that effect. The same was accepted by the learned Counsel for the respondent. 3.

Recording the Joint Memo of Compromise entered into between the parties dated 10.07.2019, the conviction and sentence imposed on the revision petitioner by the Courts below are set aside. The petitioner is acquitted from the charge levelled against him. The Memo of Compromise dated 10.7.2019 shall form part of this order.

4.

The Criminal Revision is disposed of accordingly. (* Xerox Copies Enclosed along with Joint Memo of Compromise) s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar To 1.The District Munsif-cum-Judicial Magistrate at Sriperumpudur, Kancheepuram District 2.The Sessions Judge, Sessions Court No.II, Kancheepuram Crl.R.C.No.528/2017 LN(CO) SP(03/03/2020) https://hcservices.ecourts.gov.in/hcservices/