Madras High CourtCRL RC(MD)/567/2018closed

Manavalan v. Ismat Basha

2018-10-05Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2018

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.[MD]No.567 of 2018 & CRL MP(MD)No. 7976 of 2018 Manavalan : Petitioner Vs.

Ismat Basha : Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of Criminal Procedure Code, praying to call for the records and set aside the impugned judgment dated 19.04.2018 made in C.A.No.43 of 2017 on the file of the Additional District and Sessions Judge, Fast Track Court, Kumbakonam, confirming the judgment passed by the learned I Additional District Munsif cum Judicial Magistrate, Kumbakonam dated 12.04.2017 in S.T.C.No.381 of 2016 by allowing the revision petition.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.R.Venkatesan

O R D E R

************ The revision petitioner has come forward with this petition, seeking to set aside the impugned judgment dated 19.04.2018 made in C.A.No.43 of 2017 on the file of the Additional District Munsif cum Judicial Magistrate, Kumbakonam, confirming the judgment passed by the learned I Additional District Munsif cum Judicial Magistrate, Kumbakonam dated 12.04.2017 in S.T.C.No.381 of 2016. 2.Heard the learned Counsel appearing for the revision petitioner and the learned Counsel appearing for the respondent. 3.The learned Counsel appearing for the respondent would submit that if the amount deposited in the account of S.T.C.No.381 of 2016 is permitted to be withdrawn, he will not insist upon the imprisonment part of sentence imposed upon the revision petitioner.

Invoking the provision for compounding the offence, he seeks that the case may be compounded in view of the agreement between the parties to settle the matter, since the cheque amount of Rs.1,00,000/- [Rupees One Lakh only] has already been deposited in the account of S.T.C.No.381 of 2016 and the complainant being permitted to withdraw the same.

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4.In view of the aforesaid submission, this Court is of the view that instead of keeping the matter pending on board, the revision petition is disposed of in terms of the compromise entered into between the parties as stated above. Consequently CRL MP(MD)No. 7976 of 2018 is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Additional District and Sessions Judge, Fast Track Court, Kumbakonam.

2. The I Additional District Munsif cum Judicial Magistrate, Kumbakonam .

3. The Chief Judicial Magistrate, Thanjavur at Kumbakonam.

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

+1cc to Mr.B.Jameel Arasu, Advocate Sr.No.89105 MR VB/SV/SAR4/08.11.2018/2P/6C Crl.R.C.[MD]No.567 of 2018 05.10.2018 https://hcservices.ecourts.gov.in/hcservices/