Madras High CourtCRL RC(MD)/589/2020allowed

S.K.Venkatesan v. V.Selvendran

2020-10-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.589 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.589 of 2020 and Crl.M.P.(MD)Nos.5366 & 5369 of 2020 S.K.Venkatesan ... Petitioner -vsV.Selvendran ... Respondent Prayer: Criminal Revision Case filed under Sections 397(1) and 401 (1)of Cr.P.C., to call for the records relating to the judgment and conviction in C.A.No.101 of 2017 dated 07.09.2020 passed by the Fast Track Mahila Court, Theni, confirming the judgment and conviction dated 27.06.2017 passed in S.T.C.No.23 of 2015 by the Judicial Magistrate, Fast Track Court (Magisterial Level), Uthamapalayam, set aside the conviction and sentence and set the petitioner at liberty. For Petitioner : Mr.D.Malaichamy For Respondent : Mr.R.Raja Mohan

ORDER

This Criminal Revision Case is directed against the judgment in C.A.No.101 of 2017, dated 07.09.2020 on the file of the Fast Track Mahila Court, Theni, confirming the judgment and conviction dated 27.06.2017 passed in S.T.C.No.23 of 2015 by the Judicial Magistrate, Fast Track Court (Magisterial Level), Uthamapalayam. 2.The learned counsel appearing for the petitioner would submit that the petitioner was convicted for the offence punishable under Section 138 of Negotiable Instrument Act and sentenced him to undergo three months simple imprisonment and compensation of Rs.3,50,000/- payable by the petitioner to the respondent/defacto complainant. The petitioner preferred an appeal in C.A.No.101 of 2017 before the Appellate Court and the Appellate Court was confirmed the conviction and sentenced imposed by the trial Court. Aggrieved by the same, the present revision has been filed before this Court. While pending this revision case, the petitioner has settled the entire cheque amount of Rs.3,50,000/- to the respondent herein.

3.Today, the respondent along with his counsel appeared before this Court through video conference and acknowledged the receipt of cheque amount from the petitioner herein. He has also no objection to compound the offence.

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Crl.R.C.(MD)No.589 of 2020 4.Considering the above submission made by the learned counsel for the petitioner as well as the respondent, this Court is inclined to compound the offence committed by the petitioner. Accordingly, judgment in C.A.No.101 of 2017, dated 07.09.2020 on the file of the Fast Track Mahila Court, Theni, confirming the judgment and conviction dated 27.06.2017 passed in S.T.C.No.23 of 2015 by the Judicial Magistrate, Fast Track Court (Magisterial Level), Uthamapalayam, are set aside and this criminal revision case is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Fast Track Mahila Court, Theni.

2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Uthamapalayam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.MALAI CHAMY, Advocate ( SR-20857[F] dated 02/11/2020 ) Crl.R.C.(MD)No.589 of 2020 29.10.2020 PM(CO) AP(06/11/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2