M. Saroja v. P. Manickavasagam

BAIL SLIP The Revision Petitioner namely M.Saroja, W/o.Kasi Viswanathan aged about 73 years was directed to be released on bail as per order of this Court dated 17/3/15 in MP(MD)No.1 of 2015 in Crl RC(MD) No.117 of 2015 on the file of this Court.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN M.Saroja : Petitioner Vs.

P.Manickavasagam : Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of the Criminal Procedure Code praying to call for the records and set aside the order dated 23.12.2014 passed in the Criminal Appeal in C.A.No.3 of 2014 on the file of the Fifth Additional District and Sessions Judge, Madurai confirming the order dated 17.12.2013 passed in S.T.C.No.440 of 2012 on the file of the Judicial Magistrate No.II, (Fast Track Court), Madurai.

For Petitioners : Mr.J.Barathan For Respondent : Mr.Joseph Jeya Kumar

O R D E R

****** This Criminal Revision Petition is filed to set aside the Judgment passed by the V Additional District and Sessions Judge, Madurai, in C.A.No.3 of 2014, dated 23.12.2014, confirming the judgment passed by the Judicial Magistrate No.II, (Fast Track Court), Madurai in S.T.C.No.440 of 2012 dated 17.12.2013. 2.When the matter is taken up for hearing today, both the learned counsel represented that the parties entered into compromise vide memo dated 04.10.2019. The terms of the joint compromise memo are extracted hereunder:- " a) The respondent herein had agreed to accept a sum of Rs.62,000/- (Rupees Sixty Two Thousand only) as full and final settlement of the dispute between the parties.

b) The respondent had received a demand draft dated 03.10.2019 drawn on the Karur Vysya Bank Limited, Madurai Kamarajar Salai Branch bearing No.938021 drawn 1/3

in favour of the respondent for Rs.62,000/_ (Rupees Sixty Two Thousand only) as full and final settlement of the dispute between the parties.

c) The respondent herein does not have any claim in respect of the cheque mentioned in his complaint in S.T.C.No.440 of 2012 on the file of Judicial Magistrate No.II, (Fast Track), Madurai.

d) The respondent hereby agrees and consents for the petitioner to withdraw the sum of Rs.66,000/- (Rupees Sixty Six Thousand only) deposited by her to the credit of S.T.C.No.440 of 2012 on the file Judicial Magistrate No.II, (Fast Track), Madurai on 28.04.2015 in pursuance of order dated 17.03.2015 passed in M.P(MD) No.1 of 2015 in Crl.RC(MD)No.117 of 2015.

e) The respondent hereby agrees that the conviction of the petitioner by order dated 17.12.2013 passed in S.T.C.No.440 of 2012 on the file of the Judical Magistrate No.II, (Fast Track), Madurai and confirmed by the order dated 23.12.2014 passed in C.A.No.3 of 2014 on the file of the Fifth Additional Sessions Court, Madurai shall be set aside."

3.In view of the compromise arrived at between the parties, it is requested that the revision may be allowed in terms of the above said settlement and the conviction shall be set aside.

4. In view of the compromise arrived at between the parties, the criminal revision case is allowed and the judgment passed by the V Additional District Judge, Madurai in C.A.No.3 of 2014 dated 23.12.2014 confirming the Judgment passed by the Judicial Magistrate No.II, (Fast Track Court), Madurai in S.T.C.No.440 of 2012 dated 17.12.2013 is set aside. The Joint compromise memo shall form part of the order.

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) skn 2/3

To 1.The V Additional District Judge, Madurai.

2.The Judicial Magistrate No.II, Fast Track Court, Madurai.

+ 1CC TO MR.T.R.JEYAPALAM, ADVOCATE, SR.NO.91954 Dated:- 14.10.2019 KK/SAR/18.11.2019/3P-4C/ 3/3