Madras High CourtCRL RC(MD)/878/2013partly allowed

Murugan v. Manickavasagam,

2019-07-08Honourable Mr Justice M.Dhandapani2 pages

BAIL SLIP Murugan, S/O.Kamatchi, was released on bail vide order dated 19.12.2013 in MP(MD) No.1 of 2013 in Crl.R.C.(MD)No.878 of 2013. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.878 of 2013 Murugan .. Petitioner/Appellant/ Accused Vs.

Manickavasagam .. Respondent/Respondent/ Complainant Prayer : This Criminal Revision petition is filed under Sections 397 and 401 of Cr.P.C., to set aside the Judgment made in C.A.No.30 of 2013 on the file of the learned I Additional District & Sessions Judge, Tuticorin, dated 06.08.2013, confirming the Judgment of the learned Judge, Fast Track Cour(Magistrate Level), Kovilpatti, in C.C.No.282 of 2012, dated 25.02.2013 and set aside the order and allow this Revision.

For Petitioner : Mr.R.Vijayakumar For Respondent : No appearance.

ORDER

The petitioner suffered conviction for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.282 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Kovilpatti. He was sentenced to 1 year Rigorous Imprisonment and he was directed to pay a sum of Rs.2,00,000/- as compensation. The same was confirmed by the appellate Court in C.A.No.30 of 2013 on the file of the learned I Additional District Sessions Judge, Thoothukudi. The same is under challenge in this Criminal Revision.

2. The petitioner's counsel submitted that he would not question the conviction and he would be satisfied, if the direction to pay compensation alone is maintained.

https://hcservices.ecourts.gov.in/hcservices/

3. Taking into account the facts and circumstances obtaining in this case, this Court sets aside the sentence of imprisonment imposed on the petitioner. However, the direction to pay the compensation and the default sentence imposed on the petitioner will remain. The petitioner is given four months time to deposit the cheque amount of Rs.2,00,000/-.

4. With this modification, the Criminal Revision stands partly allowed. No costs.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To

1. The I Additional District and Sessions Judge, Tuticorin.

2. The Judicial Magistrate, Fast Track Court (Magistrate Level), Kovilpatti,

3. The Section Officer, Criminal Record Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 CC to M/s.R.VIJAYAKUMAR, Advocate ( SR-74108[F] dated 09/07/2019 ) Crl. R.C.(MD)No.878 of 2013 08.07.2019 pmu JM/07.08.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/