Madras High CourtCRL A(MD)/168/2014disposed of

V.Ganesan v. S.Ramanathan

2020-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.A(MD)No.168 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A(MD)No.168 of 2014 V.Ganesan ... Appellant/Respondent/Complainant Vs S.Ramanathan ... Respondent/Appellant/Accused PRAYER: Criminal Appeal is filed under Section 378 of Cr.P.C., to set aside the Judgment of Acquittal dated 11.12.2013 made in C.A.No.41 of 2013 on the file of the learned II Additional District and Sessions Judge, Tiruchirappalli, setting aside the Judgment of conviction and sentence dated 26.08.2013 made in STC No.801 of 2012 on the file of the Judicial Magistrate, Manapparai, allow this criminal appeal.

For Appellant : Mr.V.Janakiramulu For Respondent : Mr.K.Balasundaram

JUDGMENT

Heard the learned counsel on either side.

2.The petitioner is the complainant in S.T.C.No.801 of 2012 on the file of the Judicial Magistrate, Manapparai. It is a case arising under Section 138 of the Negotiable Instruments Act. The case ended in conviction and sentence vide Judgment dated 26.08.2013. Aggrieved by the same, the accused filed C.A.No.41 of 2014 before the II Additional District and Sessions Judge, Tiruchirappalli. Vide Judgment dated 11.12.2013, the Appellate Court allowed the appeal and acquitted the accused. Challenging the same, this appeal came to be filed at the instance of the complainant.

3.During the pendency of the proceedings, the matter had been amicably resolved. The respondent is said to have paid a sum of Rs.9,00,000/- and the appellant Mr.V.Ganesan had accepted the same towards full and final settlement. Therefore, nothing survives for further adjudication. The acquittal of the accused need not be interfered with or disturbed.

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Crl.A(MD)No.168 of 2014 3.Recording the memo filed by the respondent, this Criminal Appeal is disposed of.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar(CS- ) To 1.The Judicial Magistrate, Manapparai.

2.The Chief Judicial Magistrate, Trichy.

3.The II Additional District and Sessions Judge, Tiruchirappalli.

4.The Principal Sessions Judge, Trichy.

Copy to: The Section Officer.

Criminal Section (Records), Madurai Bench of Madras High Court, Madurai (2 copies) Crl.A(MD)No.168 of 2014 08.12.2020 rmi PK/07.01.2021 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2