Madras High CourtCRL RC(MD)/517/2018disposed of

V.A. Balasubramanian v. R.Elamathi W/Oa.P.Ramakrishnan

2018-09-04Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C(MD)No.517 of 2018 and Crl.M.P(MD).No.7109 of 2018 V.A.Balasubramanian : petitioner Vs.

R.Elamathi, W/o.A.P.Ramakrishnan, (Rep by her power Agent A.P.Ramakrishnan, S/o.A.Ponnusamy Chettiar) : Respondent PRAYER: Revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to set aside the conviction passed in Crl.A.No.37 of 2017 dated 20.04.2017 on the file of the Additional District Sessions Court, Karur modifying the sentence passed in C.C.No.549 of 2014 dated 01.02.2017 on the file of the Fast Track Court (Judicial Magistrate level) Karur. For Petitioner : Mr.RMS.Sethuraman For Respondent : Mr.R.Paranjothi

ORDER

This petitioner has been filed to set aside the conviction passed in Crl.A.No.37 of 2017 dated 20.04.2017 on the file of the Additional District Sessions Court, Karur modifying the sentence passed in C.C.No.549 of 2014 dated 01.02.2017 on the file of the Fast Track Court (Judicial Magistrate level) Karur.

2. When the matter was taken up for hearing, the learned counsel for the revision petitioner represented that pending disposal of his application and revision petition, the parties have entered into a compromise. The cheque amount of Rs.1,00,000/- (Rupees One Lakh only) has been paid to the respondent/com plainant on 03.09.2018. Hence, he seeks indulgence of this Court to record the compromise and compound the offence. Both the learned counsel for the parties are present and a joint compromise memo is also filed.

https://hcservices.ecourts.gov.in/hcservices/ 3.In the light of the compromise entered between the

parties, the judgment passed by the trial Court as modified by the Appellate Court, is modified to the effect that the accused shall pay a sum of Rs.1,00,000/- (Rupees One Lakh only) being the cheque amount, as compensation to the complainant. The sentence of imprisonment imposed by the trial Court and modified by the Appellate Court, is hereby set aside in view of the compromise entered between the parties and the offence is compounded. 4.The Criminal Revision Case is disposed of on above terms. Consequently, connected Crl.M.P(MD).No.7109 of 2018 is closed. The joint compromise memo shall form part of this order. 5.The fine amount of Rs.2,000/- (Rupees Two Thousand only) paid by the petitioner shall be remitted into accont of Legal Service Authority, Madurai Bench of Madras High Court, Madurai. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-IV) Encl.: Xerox copy of Compromise Memo To

1. The Additional District Sessions Judge, Karur.

2. The Fast Track Court (Judicial Magistrate level), Karur.

Copy To:- The Accounts Officer, Legal Service Authority, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.RMS.SETHURAMAN, ADVOCATE IN SR No. 82423 RMK TE/RSK/SAR-4 : 26/09/2018 : 2P/5C Crl.R.C(MD)No.517 of 2018 and Crl.M.P(MD).No.7109 of 2018 04.09.2018 https://hcservices.ecourts.gov.in/hcservices/