Madras High CourtCRL RC/955/2025allowed

K.Vetrivel v. A.George Clement

2025-07-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.955 of 2025 and Crl.M.P.Nos.12681 & 12696 of 2025 K.Vetrivel .....

Petitioner Vs A.George Clement .....

Respondent Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C, 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to set aside the Judgment of the learned court of Sessions Division of the Nilgiris District at Udhagamandalam, in C.A.No.69 of 2023 dated 06.06.2024 modifying the conviction and sentence passed by the Learned Judicial Magistrate Court, Udhagamandalam in S.T.C.No.917 of 2018 dated 25.07.2023 and allow this Criminal Revision Case.

For Petitioner : Mr.V.Regunathan For Respondent : Mr.R.Ezhilarasan

ORDER

This Criminal Revision Case has been filed as against the Judgment dated 06.06.2024 passed in C.A.No.69 of 2023, on the file of the learned court of Sessions Division of the Nilgiris District, Udhagamandalam, confirming the order of conviction passed by the Judicial Magistrate Court, Udhagamandalam in S.T.C.No.917 of 2018 thereby convicting the petitioner for the offence punishable under Section 138 of 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 17.07.2025.

3. On perusal of the Memo of Compromise dated 17.07.2025, 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 06.06.2024 passed in C.A.No.69 of 2023 by the learned court of Sessions Division of the Nilgiris

District, Udhagamandalam confirming the Judgment and conviction passed by the Judicial Magistrate Court, Udhagamandalam in S.T.C No.917 of 2018, dated 25.07.2023 are hereby set aside and the terms of Joint Memo of Compromise, dated 17.07.2025 shall form part and parcel of this order.

5. Accordingly, this Criminal Revision Case stands allowed. Consequently, connected miscellaneous petitions are closed. 21.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Nhs To

1. The learned court of Sessions Division of the Nilgiris District, Udhagamandalam.

2. The Judicial Magistrate court, Udhagamandalam.

G.K.ILANTHIRAIYAN. J, Nhs Crl.R.C.No.955 of 2025 and Crl.M.P.Nos.12681 & 12696 of 2025 21.07.2025