V.Krishnamurthy, Aged 70 Years v. A.Palanisamy, Aged 53 Years,

BAIL SLIP The Petitioner/Accused namely V.Krishnamurthy, Aged 70 years, S/O. Venugopal Naidu was directed to be released on bail on order dated 10.04.2017 made in Crl.M.P.No.5045 & 5046 of 2017 in Crl.R.C.No.567 of 2017 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.567 of 2017 and Crl.M.P.Nos.4398 & 8037 of 2018 & 5044 of 2017 V. Krishnamurthy .. Petitioner/Accused Vs.

A. Palanisamy .. Respondent/Complainant PRAYER : Petition filed under Section 397 read with 401 of the Criminal Procedure Code, against the judgment dated 18.01.2017 passed in C.A.No.54/2016 by the learned II Additional District and Sessions Judge, Salem confirming the judgment of conviction and sentence passed in STC.No.368/2012 dated 17.03.2016 by the learned Judicial Magistrate No.5, Salem.

For Petitioner : Mr.U. Chandramohan For Respondent : Mr.S. Ayya durai

O R D E R

The matter is heard through "Video Conference".

2.

This criminal revision is filed against the judgment dated 18.01.2017 passed in C.A.No.54/2016 by the learned II Additional District and Sessions Judge, Salem confirming the judgment of conviction and sentence passed in STC.No.36/2012 dated 17.03.2016 by the learned Judicial Magistrate No.5, Salem. 3.

A joint memo of compromise is filed and the amount disputed between the parties have been settled. The memo of compromise filed by the parties, signed by the respective counsel is recorded.

4.

It is submitted that at the time of admission of Crl.R.C.No.567/2017, conditional order was passed for depositing Rs.75,000/- and the same was deposited and the balance amount of Rs.75,000/- have paid by way of Demand Draft. The entire payment has been acknowledged by the complainant in S.T.C.No.368/2012.

5.

In view of the compromise, the respondent herein is permitted to withdraw Rs.1,50,000/- which was deposited by the petitioner before the trial Court. Accordingly, the criminal revision petition is allowed and the conviction and sentence imposed by the learned Judicial Magistrate in S.T.C.No.368/2012 is set aside. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) // True Copy// Sub Assistant Registrar AT To 1.

The II Additional District and Sessions Judge, Salem.

2.

The Judicial Magistrate, No.5, Salem.

3.

The Chief Judicial Magistrate, Salem.

+1cc to Mr.S.Ayyathurai, Advocate, S.R.No.33366 +1cc to Mr.U.Chandramohan, Advocate, S.R.No.33471 Crl.R.C.No.567 of 2017 and Crl.M.P.Nos.4398 & 8037 of 2018 & 5044 of 2017 SR(CO) SU(12/08/2021)