Madras High CourtCRL RC/543/2017allowed remanded

K.Senthilkumar, (37) v. A.Ramesh

2019-02-14Honourable Mr Justice P. Velmurugan2 pages

Bail Slip The Petitioner /Sole Accused,in STC no.461/2014 by Judicial Magistrate (Fast Track Court )No.1 Erode namely K.Senthil Kumar S/o.Kulandai Samy was directed to be released on bail as per order of this Court dated 06.04.2017 in CRL MP.NO.4835/17 IN CRL RC.NO.543/2017.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2019

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.543 of 2017 and Crl.M.P.No.4837 of 2017 K.Senthilkumar .. Petitioner Vs.

1. A.Ramesh

2. The State rep. By Public Prosecutor, Erode.

.. Respondents Criminal Revision filed under Sections 397 and 401 Cr.P.C. against the judgment of learned First Additional District and Sessions Judge, Erode, passed in C.A.No.124 of 2016 on 24.02.2017 confirming the judgment of learned Judicial Magistrate, Fast Track Court No.1, Erode, passed in S.T.C.No.461 of 2014 on 04.06.2016.

For Petitioner : Mr.I.C.Vasudevan For respondents: R1-Service awaited R2-Mr.R.Surya Prakash, Govt. Advocate (Crl.Side) for R2 ***

O R D E R

This revision challenges the judgment of the learned First Additional District and Sessions Judge, Erode, dated 24.02.2017, dismissing the appeal in C.A.No.124 of 2016 against the conviction of the petitioner by the trial Court for offence u/s.138 of the Negotiable Instruments Act.

2. Heard the learned counsel for the petitioner, the learned counsel for the first respondent as also the learned Government Advocate for the second respondent. https://hcservices.ecourts.gov.in/hcservices/

3. Since the learned counsel for the petitioner represented that the matter has been compromised and that no affidavit is available in the records and the parties are also not appeared today, this Court is inclined to set aside the order passed by the trial Court.

4. Accordingly, this Criminal Revision Case shall stand allowed. The judgment of learned First Additional District and Sessions Judge, Erode, passed in C.A.No.124 of 2016 on 24.02.2017, shall stand set aside. The matter is remitted back to the Appellate Court for fresh consideration and disposal in accordance with law. Both the parties are at liberty to approach the Appellate Court to compound the offence. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kmi To 1.The First Additional District and Sessions Judge, Erode.

2.The Judicial Magistrate, Fast Track Court No.1, Erode.

3. The Public Prosecutor, Erode.

4.The Public Prosecutor, High Court, Madras - 600 104.

5. The section officer, Criminal Section, High court, Madras Crl.R.C.No.543 of 2017 A.SK(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/