V. Dhinakaran v. M.Senthil Bairavan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.775 of 2022 and Crl.M.P.(MD)No.9209 of 2023 V.Dhinakaran : Petitioner/Appellant/Accused Vs.

M.Senthil Bairavan : Respondent/Respondent/Complainant Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the order passed in S.T.C.No.576 of 2014 on the file of the learned Judicial Magistrate No.I, (Fast Track Court at Magisterial Level) Madurai, dated 13.05.2017, confirming the said order passed by the learned IV Additional District and Sessions Judge, Madurai, in C.A.No.173 of 2017, dated 22.08.2019.

For Petitioner : Mr.M.Jageesh Pandian For Respondent : Mr.B.Kasirajan

O R D E R

The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.173 of 2017, dated 22.08.2019 on the file of the 1/4

learned IV Additional District and Sessions Judge, Madurai, confirming the Judgment of conviction and sentence, dated 13.05.2017 in S.T.C.No.576 of 2014 on the file of the learned Judicial Magistrate No.I, (Fast Track Court at Magisterial Level) Madurai.

2. When the matter was taken up for hearing on 23.06.2023, considering the submission made by the learned counsel for the petitioner and the respondent that the matter was settled between the parties, this Court has directed the petitioner to deposit 5% of the agreed amount before the High Court Legal Service Authority of this Bench.

3. Today ( 27.06.2023), when the matter is taken for hearing, the learned counsel for the petitioner has filed a memo along with receipt to show that 5% of the agreed amount of Rs.1,25,000/- was deposited before the High Court Legal Services Committee, in pursuance of the directions of this Court and he has also filed a petition under Section 147 of the Negotiable Instruments Act wherein it has been stated that the petitioner has deposited a sum of Rs.25,00,000/-. The memo is recorded.

4. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable 2/4

Instruments Act. Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. The respondent is permitted to withdraw the amount deposited by the petitioner. Consequently, Crl.M.P.(MD)No.9209 of 2023, is ordered.

27.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Judicial Magistrate No.I, (Fast Track Court at Magisterial Level) Madurai. 2.The IV Additional District and Sessions Judge, Madurai.

3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

das ORDER MADE IN Crl.R.C.(MD)No.775 of 2022 and Crl.M.P.(MD)No.9209 of 2023 27.06.2023 4/4