Madras High CourtCRL RC(MD)/236/2019allowed

Muthu & Sons, v. S.Selvaraj,

2024-01-03Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA and Crl.M.P.(MD) Nos.3501 & 3502 of 2019 1.Muthu & Sons, rep. through its Proprietor G.Muthuramalingam, No.20/20, Girls Higher Secondary School Street, Cumbum.

2.G.Muthuramalingam ... Petitioners Vs.

S.Selvaraj ... Respondent Criminal Revision Case filed under Section 397(1) r/w. Section 401 of the Code of Criminal Procedure, 1973, praying to call for the records and set aside the conviction in C.A.No.112 of 2017 dated 15.03.2019 on the file of the V Additional District and Sessions Court (FTC), Theni by confirming the sentence passed by the learned Judicial Magistrate, Fast Track Court (M.L.), Uthamapalayam in S.T.C.No.14 of 2015 dated 28.09.2017 and acquit the petitioners.

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For Petitioners : Mr.D.Vijayaragavan For Respondent : Mr.C.Ramesh

O R D E R

When the matter was taken up for hearing, a memo dated 14.10.2023 was filed by the respondent/complainant stating that he has received the entire cheque amount of Rs.4,00,000/- [Rupees Four Lakhs only] from the petitioners/accused through Demand Drafts (D.D.) as detailed hereunder:

Sl. No.

Demand Draft No.

Amount 000178 Rs.2,00,000/- 967209 Rs.1,00,000/- 967250 Rs.1,00,000/- Total Rs.4,00,000/-

2. He therefore prayed for closing the present Criminal Revision Case.

3. The said memo dated 14.10.2023 filed by the respondent/complainant is recorded. The conviction and sentence passed Page No. 2 of 4

by the learned Judicial Magistrate, Fast Track Court at JM Level, Uthamapalayam in S.T.C.No.14 of 2015 dated 28.09.2017 which was confirmed by the learned Additional District and Sessions Judge (FTC), Theni vide impugned Judgment dated 15.03.2019 passed in C.A.No.112 of 2017, is set aside.

4. Accordingly, this Criminal Revision Case is allowed. Consequently, connected Miscellaneous Petitions are closed. 03.01.2024 Index: Yes/ No Speaking order / Non-Speaking order JEN To 1.The V Additional District and Sessions Judge, (FTC), Theni.

2.The Judicial Magistrate, Fast Track Court (M.L.), Uthamapalayam.

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R.HEMALATHA , J.

JEN Crl.R.C.(MD) No.236 of 2019 and Crl.M.P.(MD) Nos.3501 & 3502 of 2019 03.01.2024 Page No. 4 of 4