A.Neelagandan v. T.K.T.Durairajan(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.06.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and Crl.MP.Nos.18834 & 18835 of 2019 D.Neelagandan, aged about 65 years S/o.Late Arumugam No.149, Nelson Manickam Road Nelson Plaza, Choolai Medu, Chennai 94.

... Petitioner Vs.

T.K.T.Durairajan, (Died) D.Suresh, aged about 55 years S/o.Late T.K.T.Durairajan No.9, Anna Street, Gandhi Nagar Saligrammam Chennai 600 093.

... Respondent Prayer: Petition filed under Section 397 r/w 401 of Criminal Proceedure Code to set aside the Judgment and orders passed by Appellate Court, namely the learned XIX Additional City Civil and Sessions Judge, Chennai in C.A.No.394/2018 dated 15.04.2019, convicting the Petitioner under Section 138 of the Negotiable Instruments Act and sentenced to undergo Simple Imprisonment of one year and to pay a compensation of Rs.3,00,000/- in case of default to undergo simple imprisonment for a period of 2 months, while 1/4

reversing the order of the trial Court i/e. The learned XVII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.2843/2008 dated 18.11.2010 and pass an order of acquittal.

For Petitioner : Mr.S.Santhosh Kumar For Respondent : Mr.S.Vinoth Kumar

O R D E R

This Revision Petition has been filed to set aside the Judgment and orders passed by Appellate Court, namely the learned XIX Additional City Civil and Sessions Judge, Chennai in C.A.No.394/2018 dated 15.04.2019, convicting the Petitioner under Section 138 of the Negotiable Instruments Act and sentenced to undergo Simple Imprisonment of one year and to pay a compensation of Rs.3,00,000/- in case of default to undergo simple imprisonment for a period of 2 months, while reversing the order of the trial Court i/e. The learned XVII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.2843/2008 dated 18.11.2010 and pass an order of acquittal.

2.Learned counsel for the Petitioner as well as learned counsel for the Respondent are present before this Court. The learned counsel appearing on either side submitted that the matter has been settled between the parties. With regard to the same, they have produced a joint memo of compromise dated 2/4

23.08.2019, the same is hereby recorded.

3.In view of the settlement reached between the parties, the offence is compounded, conviction and sentence passed by the learned XIX Additional City Civil and Sessions Judge, Chennai in C.A.No.394/2018 dated 15.04.2019, is hereby set aside.

4.With the above observation, this Revision Petition is closed. Consequently, connected Miscellaneous Petitions are closed. 28.06.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To 1.The XIX Additional City Civil and Sessions Judge, City Civil Court, Chennai.

2.The XVII Metropolitan Magistrate, Saidapet, Chennai.

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RMT.TEEKAA RAMAN.J, sai and Crl.MP.Nos.18834 & 18835 of 2019 Dated: 28.06.2023 4/4