Madras High CourtCRL A(MD)/280/2011disposed of

Kumar v. Athimoolam

2019-08-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.A.(MD)No.280 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A(MD)No.280 of 2011 Kumar ... Appellant /Respondent/Complainant Vs Athimoolam ... Respondent/Appellant/Accused PRAYER: Criminal Appeal is filed under Section 378 of Cr.P.C., to set aside the Judgment and Acquittal order passed by the learned District and Sessions Judge, Pudukkottai, dated 25.07.2011 in Crl.A.No.116 of 2010 by which, reversing the Judgment of conviction and sentence of imprisonment passed by the learned Judicial Magistrate, Pudukkottai in STC No.612 of 2006, dated 30.10.2010 and convict the respondent/accused.

For Appellant : Mr.S.Deenadhayalan For Respondent : Mr.K.Baalasundaram

JUDGMENT

The appellant is the complainant in S.T.C.No.612 of 2006 on the file of the Judicial Magistrate, Pudukkottai. It is a case arising under Section 138 of the Negotiable Instruments Act. The learned trial Magistrate convicted and sentenced the accused. But then, the Appellate Court in Criminal Appeal No.116 of 2010 reversed the same and acquitted the accused. Aggrieved by the same, this appeal has been filed by the complainant. 2.When the matter came up for hearing, this Court called upon the parties to amicably resolve the issue. Acceding to the request made by this Court, the learned counsel were able to prevail upon the respective clients to agree for compromise. Accordingly, today, the respondent/Athimoolam handed over the demand draft for a sum of Rs.50,000/- favouring the appellant Kumar. The same is accepted by the appellant towards full and final settlement of his claim against the respondent. Since the parties have amicably resolved the issues, this Court does not go into the merits of the matter. This criminal appeal is disposed of accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.A.(MD)No.280 of 2011 rmi To 1.The District and Sessions Judge, Pudukkottai. 2.The Judicial Magistrate, Pudukkottai.

+1 CC to Mr.K. BAALA SUNDHARAM, Advocate ( SR-82779[F] dated 21/08/2019 ) Crl.A(MD)No.280 of 2011 21.08.2019 VB(18.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4