Madras High CourtCRL RC(MD)/321/2019allowed

Murugadass, v. Ramakrishnan

2023-08-24Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD) No.4710 of 2019 Murugadass ... Petitioner -VsRamakrishnan ... Respondent PRAYER:- Criminal Revision Petition is filed under section 397 and 401 of Cr.P.C to set aside the order passed in Crl.Appeal No.86 of 2018 on the file of the III Additional District and Sessions Court, Thanjavur at Pudukottai dated 03.04.2019 as confirmed in S.T.C. NO. 29 of 2015 on the file of the Judicial Magistrate, Fast Track Court, Pattukottai dated 24.07.2018 and allow the criminal revision case. For Petitioner : Mr.P.Thirumahilmaran For Respondent : Mr.S.Deenadhayalan

ORDER

This Criminal Revision has been filed to set aside the order passed in Crl.Appeal No.86 of 2018 on the file of the III Additional 1/4

District and Sessions Court, Thanjavur at Pudukottai dated 03.04.2019 as confirmed in S.T.C. NO.29 of 2015 on the file of the Judicial Magistrate, Fast Track Court, Pattukottai dated 24.07.2018 and allow the criminal revision case

2. When the matter is taken up for hearing today both the petitioner and the respondent appeared before this Court along with their respective counsels and filed a joint compromise memo. As per the joint compromise memo the matter has been settled between the parties and today the petitioner has paid a sum of Rs.2,00,000/- by way of Demand Draft to the respondent and the same was handed over to the respondent. Already the petitioner has deposited a sum of Rs.50,000/- before the trial Court and the petitioner is permitted to withdraw the said amount as per the compromise memo.

3. In view of the compromise arrived at between the parties this Criminal Revision is allowed and the judgement and conviction passed by the trial Court in S.T.C. No.29 of 2015 on the file of the Judicial Magistrate, Fast Track Court, Pattukottai as confirmed by the III Additional District and Sessions Court, Thanjavur at Pudukottai are set aside and the petitioner is acquitted from the charge under Section 138 of the Negotiable Instrument Act. The joint compromise 2/4

memo shall form part of the order. Consequently connected miscellaneous petition is closed.

24.08.2023 Index : Yes/No Internet : Yes/No aav To

1. The Judicial Magistrate, Fast Track Court, Pattukottai

2. The III Additional District and Sessions Court, Thanjavur at Pudukottai 3/4

P.DHANABAL, J.

aav 24.08.2023 4/4