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Madras High CourtCRL RC/1812/2023allowed

A.Malliga v. P.Baskaran

2025-06-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1812 of 2023 and Crl.M.P.Nos.17189 and 17190 of 2023 A.Malliga .....

Petitioner Vs P.Baskaran .....

Respondent Prayer: Criminal Revision is filed under Section 397 r/w Section 401 of Criminal Procedure Code, praying to set aside the Judgment dated 11.08.2023 passed in Crl.A.No.91 of 2020 on the file of the Principal Sessions Judge, Erode, dismissed as non prosecution and confirmed the order passed by the Judicial Magistrate, Fast Track Court No.II, Erode, in STC No.502 of 2018, dated 13.08.2020 and allow the above criminal revision petition. For Petitioner : Mr.V.Regunathan For Respondent : Mr.R.Ezhilarasan

ORDER

This Criminal Revision Case has been filed as against the Judgment dated 11.08.2023 passed in Crl.A.No.91 of 2020 on the file of the Principal Sessions Judge, Erode, confirming the order of conviction passed by the Judicial Magistrate, Fast Track Court No.II, Erode, in STC No.502 of 2018,

dated 13.08.2020, for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The learned counsel appearing for the petitioner would submit that, at the time of filing the revision, the petitioner had settled the cheque amount to the respondent and both parties had entered into a Memo of Compromise dated 25.09.2023.

3. On perusal of the Memo of Compromise dated 25.09.2023, it is seen that the parties have amicably settled the dispute, and the respondent has no objection in setting aside the conviction as against the petitioner herein.

4. In view of the above, the Judgment dated 11.08.2023 passed in Crl.A.No.91 of 2020 by the learned Principal Sessions Judge, Erode, confirming the Judgment and conviction passed by the learned Judicial Magistrate, Fast Track Court No.II, Erode, in STC No.502 of 2018 dated 13.08.2020 are hereby set aside and the terms of Joint Memo of Compromise, dated 25.09.2023 shall form part and parcel of this order.

5. Accordingly, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petitions are closed. 25.06.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Lpp To

1. The Principal Sessions Judge, Erode.

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

G.K.ILANTHIRAIYAN. J, Lpp Crl.A.No.1812 of 2023 25.06.2025