Madras High CourtCRL MP(MD)/12226/2016ordered

Dr.K.Nanthakumar v. Sevai Finance Limited

2016-12-14Honourable Mr Justice B. Gokuldas3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD)Nos.12226 & 12227 of 2016 IN CRL RC(MD)Nos.352 & 353 of 2006 K.NANTHAKUMAR ..PETITIONER/REVISION PETITIONER IN BOTH THE PETITIONS Vs.

SEVAI FINANCE LIMITED REP BY. A.S.PONNUCHAMY, S/O.SENGODAN, K.K.NAGAR (BURMA COLONY), KOTTOOR, TRICHY.

..RESPONDENT/RESPONDENT IN CRL.MP(MD)No.12226/2016 IN CRL.RC(MD)No.352/2006 A.S.PONNUCHAMY, S/O.SENGODAN, K.K.NAGAR (BURMA COLONY), KATTOOR, TRICHY.

..RESPONDENT/RESPONDENT IN CRL.MP(MD)No.12227/2016 IN CRL.RC(MD)No.353/2006 Prayer in CRL MP(MD)No.12226/2016 IN CRL RC(MD)No.352/2006: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to compound the offence under Section 138 of N.I.Act in Crl R.C.(MD) No.352/2006 on the file of this Honourable Court by setting aside the conviction and sentence of learned Judicial Magistrate No.VI Tiruchirappalli made in C.C.No.143/2003 dated 3.3.2005 as confirmed by the learned Additional District and Sessions Judge, Tiruchirapalli (Fast Track Court No.1) in Crl A.No.56/2005, dated 16.12.2005 and acquit petitioner husband/revision petitioner. Prayer in CRL MP(MD)No.12227/2016 IN CRL RC(MD)No.353/2006:

Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to compound the offence under Section 138 of N.I.Act in Crl R.C.(MD) No.353/2006 on the file of this Honourable Court by setting aside the conviction and sentence of learned Judicial Magistrate No.VI Tiruchirappalli made in C.C.No.11/2003 dated 3.3.2005 as confirmed by the learned Additional District and Sessions Judge, Tiruchirapalli (Fast Track Court No.1) in Crl A.No.55/2005, dated 16.12.2005 and acquit petitioner husband/revision petitioner.

Prayer in CRL RC(MD)No.352/2006:

Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, against the judgment and conviction delivered by the learned Additional District and Sessions Judge, (Fast Track Court No.1), Tiruchirapalli in C.A.No.56 of 2005, dated 16.12.2005 by confirming the judgment and conviction delivered in C.C.No.143/2003, dated 03.03.2005 on the file of the learned Judicial Magistrate No.VI, Trichy.

Prayer in CRL RC(MD)No.353/2006:

Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, against the judgment and conviction delivered by the learned Additional District and Sessions Judge, (Fast Track Court No.1), Tiruchirapalli in C.A.No.55 of 2005, dated 16.12.2005 by confirming the judgment and conviction delivered in C.C.No.11/2003, dated 03.03.2005 on the file of the learned Judicial Magistrate No.VI, Trichy.

Order : These petitions coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.B.JAMEEL ARASU, Advocate for the petitioner in both petitions and of Mr.C.VAKEESWARAN, Advocate on behalf of the Respondents in both the petitions, the court made the following order:- Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2.Today when the matters are taken up for hearing, wife of the revision petitioner / accused as well as the respondent / complainant are present before this Court and submitted that they have entered into a compromise. A memo of compromise to that effect has also been filed.

3.In view of the compromise entered into between the parties, these petitions are allowed and the offences are compounded the conviction and sentence imposed by the Judicial Magistrate No.VI, Tiruchirappalli and the petitioner is acquitted of the charges framed against him. The fine amount, if any paid by the petitioner / accused shall be refunded to him. The petitioner shall be released forthwith.

sd/- 14/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Encl: Memo of Compromise in both Parties.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, (FAST TRACK COURT NO.I) TRICHY.

2 -do-thro' THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY. 3 THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

4 -do-thro' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. +2. C.C. to M/S.B.JAMEEL ARASU Advocate SR.No.80779 & 80780 ORDER IN CRL MP(MD)Nos.12226 & 12227 of 2016 IN CRL RC(MD)Nos.352 & 353 of 2006 Date :14/12/2016 PBK/CK/SAR-I 15/12/2016 ::3P-7C: