V.K.Narasimhan v. R.Govindarajan

BAIL SLIP The Petitioner/Accused namely V.K.Narasimhan, aged 73 years S/o.V.S.Krishnaswamy was released on bail by order of this court dated 02.11.2018 and made in Crl.M.P.Nos.14693 and 14700 of 2018 in Crl.R.C.No.1235 of 2018.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.R.C.NOS.1233 & 1235 OF 2018 AND CRL.M.P.NOS.14674 & 14700 OF 2018 V.K.Narasimhan ... Petitioner in both petitions

Versus

R.Govindarajan

...Respondent in both petitions

COMMON PRAYER: Criminal Revision Petitions filed under Section 482 of the Code of Criminal Procedure, to set aside the judgment and order of the Appellate Court viz. The III Additional Sessions Judge at Chennai dated 04.09.2018 and the Trial Court judgement and order viz the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai, dated 21.02.2017 convicting the petitioner in C.C.No.4443/1997, C.C.No.4442/1997 respectively on 21st February 2017 for an offence u/s. 138 of the Negotiable Instruments Act and sentencing the appellant to suffer a sentence of Ten months simple imprisonment and to pay a compensation of Rs.3,00,000/- & Rs.8,96,000/- respectively payable within period of one month and in default of payment of the compensation to undergo a further period of Two months simple imprisonment as default sentence, acquit the appellants. For Petitioner :

Mr.S.Santhoshkumar (In both petitions) For Respondent :

M/s.Jayanthi For Vijay Associates (In both petitions) https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER The learned counsel for the petitioner submits that the demanded amount is Rs.8,00,000/- which has to be paid and given credit to both the cases in C.C.Nos.4442 & 4443 of 1997 and it has to be paid in three instalments. The only change is that the first cheque bearing No.000292, (date of deposit 5th September 2019) for a sum of Rs.80,200/- would not be processed, due to some correction in cheque. Hence, the amount of Rs.80,200/- had been transferred by way of NEFT. The other two cheques bearing Nos.000294 & 000293 have been credited and cleared from the account of the petitioner and deposited to the account of the respondent on 07.10.2019.

2. The learned counsel for the petitioner and the respondent confirmed that the cheque amount has been paid. The dispute has been resolved in view of the compromise memo earlier filed.

3. Recording the same, these Criminal Revision Petitions stand allowed and the conviction is set aside. The petitioner is acquitted from all the charges. Consequently, connected miscellaneous petitions are closed.

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

The III Additional Sessions Judge, Chennai.

2.

The Metropolitan Magistrate, Fast Track Court No.IV, Chennai.

Copy To The Section Officer, Criminal Section, High Court, Madras.

CRL.R.C.Nos.1233 & 1235 of 2018 and Crl.M.P.Nos.14674 & 14700 of 2018 GPL(CO) RLP(20/06/2022) https://hcservices.ecourts.gov.in/hcservices/