S.Dharmalingam v. Shanmugam

BAIL SLIP The Petitioner (viz) S.Dharmalingam, S/o.Subramaniya Chettiar was released on bail as per the order of this Court dated 27/11/2018 in Crl.M.P.No.15266 of 2018 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2021

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Crl.R.C.No.1297 of 2018 and Crl.MP.No.12948 of 2021 S.Dharmalingam

...Petitioner/Appellant/Accused

Vs.

Shanmugam

...Respondent/Respondent/Complainant

Criminal Revision Case filed under Sections 397 and 401 Cr.P.C praying to call for the records relating to judgment dated 27.09.2018 passed in C.A.No.17 of 2013 on the file of the II Additional District and Sessions Judge, Salem in confirming order dated 29.01.2013 passed in C.C.No.463 of 2009 on the file of the Judicial Magistrate Court No.II, Salem, set aside the same.

For Petitioner :

Mr.P.Mani For Respondent :

Mr.P.M.Jayachandran

O R D E R

The Criminal Miscellaneous Petition has been filed to compound the case filed against the petitioner/accused for taking criminal action under Section 138 of Negotiable Instruments Act against the petitioner/accused.

2. Both counsels are present before this Court. The Joint Compromise Memo was filed. Both the parties appeared through video conferencing and stated that they had understood the terms of compromise and agreed for them.

3. The learned counsel for the respondent/complainant submitted that the respondent agreed to receive a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.1,50,000/- already deposited by the petitioner to the credit of C.C.No.463 of 2009, on the file of the Judicial Magistrate Court No.II, Salem and with this payment, the entire cheque amount can be taken as paid.

4. Hence, the Joint compromise memo is recorded. In view of that, this case filed for the offence under section 138 of the Negotiable Instruments Act shall stand compounded. The Petitioner/accused in Crl.R.C.No.1297 of 2018 shall be acquitted in C.C.No.463 of 2009. Fine, if any, paid shall be refunded. Bail Bonds, if any, executed shall stand cancelled.

5. In the result, this Criminal Revision Case is disposed of as compounded. The Joint Compromise Memo forms part of the records. Consequently, connected Crl.M.P.No.12948 of 2021 is closed.

* Herein enclosed the Xerox copy of the Joint Memo of Compromise Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpl 1.The II Additional District and Sessions Judge, Salem.

2.The Judicial Magistrate Court No.II, Salem.

Copy to:

The Section Officer, Criminal Section (Records) High Court, Madras.

+1cc to Mr.P.Mani, Advocate SR. No.67427 Crl.R.C.No.1297 of 2018 and Crl.M.P.No.12948 of 2021 SMI (CO) PR (04/01/2022) https://hcservices.ecourts.gov.in/hcservices/