Madras High CourtCRL RC(MD)/330/2025disposed of

Murugesan v. Amaloorpavam

2025-03-17Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.330 of 2025 and Crl.M.P.(MD)Nos.3369 and 3482 of 2025 Murugesan : Petitioner Vs.

Stanislaus (died) Amaloorpavam : Respondent (amended as per order in Crl.M.P.No.6544 of 2023, dated 05.01.2024) Prayer : This Criminal Revision has been filed under Section 438(1) r/w 442 of BNSS, to call for the records pertaining to the judgment passed by the learned Additional District and Sessions Judge (Fast Track) at Nagercoil, dated 10.04.2024 in C.A.No.36 of 2015 confirming the judgment of learned Judicial Magistrate (FTC) No.I, Nagercoil, in C.C.No.1277 of 2012, dated 22.06.2015 and set aside the same.

For Petitioner : Mr.M.Dilipkumar For Respondent : Mr.A.John Soundar

O R D E R

The Criminal Revision Case is directed against the Judgment of conviction passed in Crl.A.No.36 of 2015, dated 10.04.2024 on the file of the 1/4

learned Additional District Sessions Judge (FTC), Nagercoil, confirming the Judgment of conviction and sentence, dated 22.06.2015 passed in C.C.No. 1277 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court, No.I, Nagercoil.

2.When the matter is taken up for hearing today, the respondent is present before this Court and the petitioner is in Central Prison, Palayamkottai.

3.When the matter is taken up for hearing today (ie.,17.03.2025), the learned counsel for the petitioner as well as the learned counsel for the respondent would submit that the matter is settled between the parties. The petitioner has also deposited 5% of the agreed amount (Rs.5,000/-) before the High Court Legal Services Committee and filed a memo along with receipt. The said memo is recorded. He has also filed an application under Sections 359(6) BNSS r/w 147 of NI Act along with affidavit stating that the petitioner has paid a sum of Rs.1,00,000/- to the respondent.

4. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and 2/4

the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. The petitioner is directed to be released forthwith, unless his custody is required in connection with any other case. Consequently, Crl.M.P.(MD)No.3482 of 2025, is ordered and Crl.M.P(MD)No.3369 of 2025, is closed.

17.03.2025 Note : Issue order copy on 17.03.2025.

NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Additional District and Sessions Judge (Fast Track) at Nagercoil.

2.The Judicial Magistrate (FTC) No.I, Nagercoil. 3.The Superintendent of Police, Central Prison, Palayamkottai.

4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

das ORDER MADE IN Crl.R.C.(MD)No.330 of 2025 and Crl.M.P.(MD)Nos.3369 and 3482 of 2025 17.03.2025 4/4