Madras High CourtCRL RC/921/2017disposed of in memo of compromise

K.Venkat,52 Yrs, v. T. Nebaraj Nelson,

2022-06-23Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.06.2022 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.R.C.No.921 of 2017 and Crl.M.P.No.8707 of 2017 K.Venkat .. Petitioner Vs.

1.T.Nebaraj Nelson 2.The State through The Public Prosecutor, Coimbatore.

.. Respondents PRAYER : Criminal Revision Case has been filed under sections 397 read with 401 of Criminal Procedure Code to set aside the judgment of the learned III Additional District and Sessions Judge, Coimbatore in C.A.No.5 of 2015 dated 10.04.2017 who confirmed the judgment of the learned Judicial Magistrate, Fast Track at Magistrate level II, Coimbatore in S.T.C.No.29 of 2012 dated 12.12.2014.

For Petitioner :

Mr.A.Arumugam For R1.

Mr.J.Amuthan Mandela For R2 :

Mr.N.S.Suganthan Government Advocate (Crl.side)

ORDER

This Criminal Revision Case is arising out of concurrent finding of the Courts below in respect of a private complaint under Section 138 of Negotiable Instruments Act.

2. Pending revision, the complainant and the accused / revision petitioner have entered into compromise, filed a Joint Memo of Compromise and seek for compounding the offence. The parties have signed in the Joint Memo of Compromise dated 14.06.2022 in the presence of their respective counsel.

3. The Joint Memo of Compromise is accepted. The

offence is compounded. The sum of Rs.1,25,000/- kept in deposit in S.T.C.No.29 of 2012 on the file of the Judicial Magistrate No.II, Coimbatore is ordered to be returned to the revision petitioner, who had deposited the money pursuant to the interim direction of this Court.

4. Recording the above Joint Memo of Compromise, the Criminal Revision Case is disposed of as offence compounded. Consequently, connected Criminal Miscellaneous Petition is dismissed.

(*)Enclosed the Xerox Copy of Joint Memo of Compromise. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rpl To

1. The III Additional District and Sessions Judge, Coimbatore. 2.Do Through The Principal District and Sessions Judge, Coimbatore.

3. The Judicial Magistrate, Fast Track at Magistrate level II, Coimbatore. 4.The Chief Judicial Magistrate, Coimbatore.

5.The Public Prosecutor, Coimbatore.

+1cc to Mr.A.Arumugam, Advocate, S.R.No.38488 Crl.R.C.No.921 of 2017 and Crl.M.P.No.8707 of 2017 EV(CO) SB(27/06/2022)