Madras High CourtCRL RC(MD)/514/2020disposed of

G.Sethuraj v. R.Mahandasamy Eswaran

2025-02-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.2508 of 2025 G.Sethuraj ... Petitioner Vs.

R.Mahandasamy Eswaran ... Respondent PRAYER : Criminal Revision Petition filed under Sections 397 and 401 Cr.P.C., to set aside the judgment passed in C.A.No.116 of 2013 dated 10.06.2020 by the learned Principal Sessions Judge, Virudhunagar at Srivilliputhur, Virudhunagar District, confirming the judgment passed in S.T.C.No.2964 of 2008 dated 21.08.2013 on the file of the Judicial Magistrate, Sivakasi, Virudhunagar District and acquit the revision petitioner in the above case.

For Petitioner : Mr.KA.Raamakrishnan For Respondent : Mr.S.Ramasamy 1/4

ORDER

The Criminal Revision is directed against the Judgment of conviction and sentence passed in C.A.No.116 of 2013, dated 10.06.2020 on the file of the Principal District and Sessions Court, Virudhunagar District @ Srivilliputhur, confirming the Judgment of conviction and sentence, dated 21.08.2013 passed in S.T.C.No.2964 of 2008 on the file of the Judicial Magistrate Court, Sivakasi.

2. When the matter is taken up for hearing today, the petitioner/ sole accused and the respondent/complainant are present before this Court.

3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the respondent.

4. The learned counsel appearing for the petitioner has filed a petition under Section 359(6) BNSS, wherein, it has been stated that as agreed by both the parties, the petitioner has already paid the compensation amount of Rs.6,00,000/- (Rupees Six Lakhs only) to the 2/4

respondent and also produced the copy of the receipt to show that the petitioner has deposited Rs.30,000/- (Rupees Thirty Thousand only) being 5% of the agreed amount before the High Court Legal Services Committee attached to this Bench as per the direction of this Court.

5. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 359(6) BNSS. Hence, the Criminal Revision Case stands allowed and the judgments of the trial Court and the Appellate Court are set aside and the petitioner is acquitted from the charges levelled against him. Consequently, Crl.M.P.(MD)No.2508 of 2025 is ordered. The respondent is permitted to withdraw the amount deposited by the petitioner before the trial Court. No costs.

24.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Principal District and Sessions Judge, Virudhunagar District @ Srivilliputhur.

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K.MURALI SHANKAR,J.

csm 2.The Judicial Magistrate, Sivakasi.

Order made in and Crl.M.P.(MD)No.2508 of 2025 Dated: 24.02.2025 4/4