Madras High CourtCRL RC(MD)/462/2019allowed

Panju v. M.Mahendran

2023-09-04Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD) No.6361 of 2019 A.Panju ... Petitioner -VsM.Mahendran ... Respondent PRAYER:- Criminal Revision Petition is filed under section 397 and 401 of Cr.P.C to call for the records relating to the Judgment dated 13.03.2019 made in C.A.No.11 of 2018 on the file of the learned VI Additional District and Sessions Judge, Madurai, confirming the Judgment dated 16.12.2017 made in STC.No.764 of 2012 on the file of the learned Judicial Magistrate No.II, Fast Track Court( Magistrate Level), Madurai and set aside the same.

For Petitioner : Mr.C.Mayilvahanarajendran For Respondent : Mr.A.Haja Mohideen 1/4

ORDER

This Criminal Revision has been filed to set aside the order passed in C.A.No.11 of 2018 on the file of the learned VI Additional District and Sessions Judge, Madurai dated 13.03.2019 as confirmed in S.T.C. No. 764 of 2012 on the file of the learned Judicial Magistrate No.II, Fast Track Court( Magistrate Level), Madurai dated 16.12.2017 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 the petitioner had paid the cheque amount of Rs. 3,00,000/- to the respondent.

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. 764 of 2012 on the file of the learned Judicial Magistrate No.II, Fast Track Court( Magistrate Level), Madurai dated 16.12.2017 as confirmed by the learned VI Additional District and Sessions Judge, Madurai dated 13.03.2019 in 2/4

C.A. No.11 of 2018 are set aside and the petitioner is acquitted from the charge under Section 138 of the Negotiable Instrument Act. The bail bond if any executed by the petitioner shall stand cancelled and fine amount, if any, paid by him is ordered to be refunded forthwith. The joint compromise memo shall form part of the order. Consequently connected miscellaneous petition is closed. 04.09.2023 Index : Yes/No Internet : Yes/No aav To

1. The VI Additional District and Sessions Court, Madurai

2. The Judicial Magistrate No.II, Fast Track Court( Magistrate Level), Madurai 3/4

P.DHANABAL, J.

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