M/S. Deivanai Agencies v. M/S. Poddar Tyres Limited

Bail Slip The Appellants/Accused 1&2 namely, 1.Thiayagarajan, Male, aged 48, 2.Sundaravadivelu, Male, aged 50, S/o.Adaikalamkathan, were directed to be released on bail as per the order of this Court, dated 08.06.2016 in Crl.MP(MD)No.4310/2016 in Crl.R.C.(MD)No.335 of 2016 on the file of this Court.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

1. M/s.Deivanai Agencies, A Partnership Firm, having office at No.3, Javan Bhawan, Cantonment, Trichy Rep. by its partners

1. Thiayagarajan

2. Sundaravadivelu

2. Sundaravadivelu .. Petitioners/Appellants/ Accused Vs.

M/s.Poddar Tyres Limited, Having Office at No.32A, Babu Road, Trichy, Rep. by its Regional Manager, J.S.Nair.

.. Respondent/Respondent/ Complainant Prayer : This Criminal Revision petition filed under Sections 397

(1) r/w. 401 of Cr.P.C., to call for the records pertaining to the case in C.A.No.125 of 2014 on the file of the II Additional District Judge, Trichy and S.T.C.No.991 of 2007 on the file of the Judicial Magistrate No.II, Trichy and set aside the conviction and sentence dated 30.07.2015 made in C.A.No.125 of 2014 on the file of the II Additional District Judge, Trichy confirming the conviction and sentence dated 28.04.2014 made in S.T.C.No.991 of 2007 on the file of the Judicial Magistrate No.II, Trichy and to allow the revision.

For Petitioners : Mr.G.Sridharan For Respondent : Mr.R.Pandi Maharaja 1/3

ORDER

Heard the learned counsel on either side.

2. The respondent filed S.T.C.No.991 of 2007 on the file of the Judicial Magistrate No.II, Thiruchirappalli, against the revision petitioners for the offence under Section 138 of the Negotiable Instruments Act.

3. The learned trial Magistrate found the accused guilty of the said offence and convicted and sentenced them. The same was also affirmed by the appellate Court also in C.A.No.125 of 2014 on the file of the II Additional District Judge, Tiruchirappalli. Challenging the same, this criminal revision came to be filed.

4. The learned counsel appearing for the revision petitioners pointed out that during the pendency of the revision case, the petitioners have paid a sum of Rs.35,000/- to the complainant towards full and final settlement of their claim. The complainant also issued receipt acknowledging the same. The learned counsel appearing for the respondent/complainant confirmed the statement made by the learned counsel appearing for the accused.

5. Section 147 of the Negotiable Instruments Act provides that every offence punishable under this Act shall be compoundable. Since the parties have themselves amicably resolved the issue, the Judgments of the Courts below are set aside as the matter is compounded. This criminal revision stands allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To

1. The II Additional District Judge, Trichy.

2. Do- Thro'

The Principal Sessions Judge, Trichy.

3. The Judicial Magistrate No.II, Trichy.

4. Do-Thro'

The Chief Judicial Magistrate, Trichy.

Copy to The Section Officer-2 copies Criminal Section(Records) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.G.SRIDHARAN, Advocate ( SR-23283[F] dated 30/11/2020 ) Crl. R.C.(MD)No.335 of 2016 30.11.2020 NA(CO) KM (22.12.2020) 3P 8C 3/3