Madras High CourtCRL RC(MD)/530/2017allowed

P.Radhakrishnan v. Narayanasamy

2017-07-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2017

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl RC(MD) No.530 of 2017 and CRL MP(MD)No.5948 of 2017 P.Radhakrishnan .. Petitioner Vs.

Narayanasamy .. Respondent Criminal Revision Case filed under section 397 r/w 401 of Cr.P.C against the Judgment dated 22.07.2015 passed in Crl.A.No.107 of 2008 by the Principal Sessions Court, Virudhunagar District confirming the conviction and sentence dated 01.07.2008 passed in STC No.908 of 2007 by the Judicial Magistrate, Aruppukottai and allow this Criminal Revision Petition. For Petitioner : Mr.G.Marimuthu For Respondent : Mr.S.Kumaravel

ORDER

The petitioner/accused stood convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881 in STC No.908 of 2007 on the file of the Judicial Magistrate Court, Aruppukottai and sentenced to undergo one year simple imprisonment and directed to pay Rs.1,23,000/- as compensation to the complainant. Challenging the same, an appeal has been preferred in Crl.A.No.107 of 2008 on the file of the Principal Sessions Court, Virudhunagar District. The first appellate Court has dismissed the appeal and thereby confirmed the conviction and sentence passed by the trial Court. Against the concurrent Judgments passed by the Courts below, the present Criminal Revision Case has been filed. 2.When the matter is taken up today for hearing, the learned counsel for the petitioner submitted that the dispute between the parties has already been settled and the petitioner/accused has paid the entire cheque amount of Rs.1,50,000/- and the respondent/complainant has also received the same. The petitioner has also filed a petition in Crl.M.P(MD) https://hcservices.ecourts.gov.in/hcservices/

No.5948 of 2017 to record the compromise and to compound the offence.

3.The petitioner/accused and respondent/complainant are present before the Court and when the Court enquired, the respondent/complainant, submitted that he has received the entire amount of Rs.1,50,000/- and he is not interested in continuing the present proceedings.

4.Considering the fact that the dispute between the parties has been settled and to that effect a compromise memo has also been filed, the same is recorded. In the above circumstances, the conviction and sentence passed by the Courts below are liable to be set aside.

5.In fine, this Criminal Revision Case is allowed. The conviction and sentence passed in STC No.908 of 2007 by the Judicial Magistrate, Aruppukottai, upheld in Crl.A.No.107 of 2008 by the Principal Sessions Court, Virudhunagar District are set aside and the offence is compounded. Crl.M.P(MD)No.5948 of 2017 is allowed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Virudhunagar District.

2.The Judicial Magistrate, Aruppukottai.

+ 1 CC TO Mr.G.MARIMUTHU, ADVOCATE IN SR No. 64480 MJ TE/KP/SAR-I : 20/07/2017 : 2P/4C Crl.R.C(MD)No.530 of 2017 and CRL MP(MD)No.5948 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/