Mrs.K.Sankari, F/58 Years v. Dr.(Mrs.) Thulasi Balakrishnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN and C.M.P.No.4802 of 2017 K.Sankari Petitioner/Accused in both Crl.RCs Vs Dr.Thulasi Balakrishnan Respondent in both Crl.RCs Common Prayer:- These Criminal Revision Cases have been filed, under Sections 397 r/w 401 of Cr.PC, to set aside the order dated 20.12.2016 passed in C.A.Nos.6 and 18 of 2016 by the learned II Additional District and Sessions Judge, Vellore at Ranipet, confirming and modifying the order dated 29.02.2016 passed in STC.Nos.227/2013 by the District Munsif Court cum Judicial Magistrate, Arcot, Vellore.
For Petitioner :Mr.D.Kanasundaram For Respondent :Mr.R.P.Prabakaran COMMON
ORDER
These Criminal Revision Cases have been preferred against the Judgements passed in C.A.Nos.6 and 18 of 2016 by the learned II 1/1
Additional District and Sessions Judge, Vellore at Ranipet, confirming the finding of guilt and rendered in STC.No.227/2013 by the District Munsif Court cum Judicial Magistrate, Arcot, Vellore and modifying the sentence alone by directing to pay a compensation of Rs.16,20,000/-. The Petitioner preferred an appeal in C.A.No.6 of 2016 against the conviction and sentence and the complainant preferred an appeal in C.A.No18 of 2016 against non-imposition of fine and awarding in adequate compensation.
2. The learned counsel for the petitioner/Accused submitted that during the pendency of the revisions, this Court by an order dated 18.08.2021 directed the parties to appear before the District Mediation Centre, Vellore, to explore the possibility of amicable settlement. He further submitted that Mediation took place and the parties had arrived at a settlement. He also submitted that the payment was made to the complainant by Demand Draft No. 975695 dated 01.12.2021 in terms of the said compromise. 3.The learned counsel for the respondent also confirmed the above said fact.
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4.The District Mediation has also sent its report dated 07.12.20211, confirming the fact that the matter has been settled between the parties, in both the above mentioned Criminal Revision Cases.
5. In view of the settlement arrived at between the parties, this Court allows the compounding of the offence under Section 138 of Negotiable Instrument Act. Consequently, the judgment of conviction and sentence of the learned II Additional District and Sessions Judge, Vellore at Ranipet in C.A.Nos.6 and 18 of 2016 is set aside and the accused is set at liberty.
6.Accordingly, this Criminal Revisions are allowed. The bail bond if any executed by the petitioner/accused shall stand cancelled. Consequently, connected miscellaneous petition is closed. 13.06.2022 Index:Yes/No Web:Yes/No Speaking/Non Speaking vsn To:
1.The II Additional District and Sessions Judge, Vellore at Ranipet 2.The District Munsif Court cum Judicial Magistrate, Arcot, Vellore 3.The Public Prosecutor, High Court, Madras 1/3
SUNDER MOHAN, J.
vsn Crl.RC.NoS.539 & 540 of 2017 and C.M.P.No.4802 of 2017 13.06.2022 1/4