Madras High CourtCRL A(MD)/321/2009closed

R.Umapathy v. A.K.Ramaraj

2019-10-24Honourable Mr Justice B.Pugalendhi2 pages

Crl.R.C.(MD)No.321 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.A.(MD)No.321 of 2009 R.Umapathy ... Appellant Vs.

A.K.Ramaraj ... Respondent PRAYER: Criminal Appeal is filed under Section 378 of Cr.P.C., to set aside the judgment of acquittal dated 01.08.2006 in C.A.No.167 of 2005 on the file of I Additional Sessions Judge (P.C.R) Tiruchirapalli Division, reversing the judgment dated 17.10.2005 and made in C.C.No.47 of 1999 on the file of Judicial Magistrate-I, Tiruchirapalli and allow this appeal.

For Appellant : M/S.S.Vijaya Shanthi For Respondent : Mr.N.S.Ramakrishnadas

O R D E R

This criminal appeal has been filed by the appellant/complainant against the order passed by the I Additional Sessions Judge (P.C.R) Tiruchirapalli Division, in C.A.No.167 of 2005, dated 01.08.2006, reversing the judgment and conviction made in C.C.No.47 of 1999, dated 17.10.2005 on the file of the Judicial Magistrate-I, Tiruchirapalli, under Section 138 of Negotiable Instruments Act.

2.The learned Trial Judge by order dated 17.10.2005 found the respondent guilty for the offence under Section 138 of Negotiable Instrument Act, convicted and sentenced him to undergo one year rigorous imprisonment to pay a sum of Rs.91,000/- to the complainant as compensation under Section 357(3) Cr.P.C. Within a period of one month. As against the same, the respondent / Accused preferred an appeal before the I Additional Sessions Judge (P.C.R) Tiruchirapalli Division, in C.A.No.167 of 2005 and the same was allowed on 01.08.2006. As against the order of acquittal, the appellant / complainant has preferred this appeal.

3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner/complainant as well as the learned counsel appearing for the respondent/accused have submitted that the matter has been amicably settled out of the Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.321 of 2009 Further, a Joint Memo of Compromise has been filed before this Court which has been signed by the appellant and the respondent and also by their respective counsel.

4.Recording the said compromise, this criminal appeal is closed.

Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) vsg To 1.The I Additional Sessions Judge (P.C.R), Tiruchirapalli.

2.The Judicial Magistrate-I, Tiruchirapalli.

COPY TO The Record Keeper, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1CC TO MR.N.S.RAMAKRISHNADASS, Advocate Sr. No. 94838 Crl.A.(MD)No.321 of 2009 24.10.2019 MA(CO) TR(05.12.2019)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2