Madras High CourtCRL RC(MD)/118/2019allowed

V. Rajendran v. K. Kalaiselvan

2024-03-05Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.03.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA Crl.RC(MD)No.118 of 2019 and Cr.MP(MD)No.2072 of 2019 V.Rajendaran ... Petitioner/Appellant/Accused Vs.

K.Kalaiselvan ... Respondent/Respondent/Complainant PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in pertaining to the judgment passed by the learned III Additional District and Sessions Judge, Pattukottai, Thanjavur District in C.A.No.71 of 2018 dated 31.01.2019 confirming the judgment passed by the learned Judicial Magistrate, Fast Track Court, Pattukottai, in S.T.C.No.39 of 2019 dated 10.07.2018 and set aside the same. For Petitioner : Mr.D.Anbarasu For Respondent : Mr.D.R.Murugesan 1/4

ORDER

This Criminal Revision Case has been filed against the Judgment passed by the learned III Additional District and Sessions Judge, Pattukottai, Thanjavur District, in Crl.A.No.71 of 2018 dated 31.01.2019, confirming the conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court, Pattukottai in S.T.C.No.39 of 2016 dated 10.07.2018.

2. Today, when the matter is taken up for hearing, both the counsel on record submitted that the matter has been compromised between the parties. A Joint Memo of Compromise has also been filed by the parties, which has been duly signed by both the parties and also by their respective counsels and the same was recorded.

3.In view of the same, the Judgment made by the learned III Additional District and Sessions Judge, Pattukottai, Thanjavur District, in Crl.A.No.71 of 2018 dated 31.01.2019, confirming the conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court, Pattukottai in S.T.C.No.39 of 2016 dated 10.07.2018, is hereby set aside and the Criminal Revision Petition is allowed. Consequently, the connected miscellaneous petition is closed. The 2/4

terms of joint compromise memo shall form part of this order. The petitioner/accused is acquitted from the charges levelled against him.

4. The respondent/complainant can be withdraw the amount, which was already deposited by the petitioner/accused before the trial Court by way of filing an appropriate application.

05.03.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No dss To 1.The III Additional District and Sessions Judge, Pattukottai, Thanjavur District.

2.The Judicial Magistrate, Fast Track Court, Pattukottai.

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

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R.HEMALATHA , J.

dss Crl.RC(MD)No.118 of 2019 and Cr.MP(MD)No.2072 of 2019 05.03.2024 4/4