Madras High CourtCRL RC(MD)/344/2016allowed

N. Anand v. P. Raja

2020-11-30Honourable Mr Justice G.R.Swaminathan2 pages

CRL.R.C.(MD)No.344 OF 2016 Bail Slip N.Anand, S/o.Natesan, Male, age about 38 years/2016 was released on bail vide Court Order dated 08.06.2016 made in CRL.MP (MD)No.4379 of 2016 in CRL.RC(MD)No.344 of 2016. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.344 of 2016 N.Anand : Revision Petitioner/Accused Vs.

P.Raja : Respondent/Complainant Prayer : This Criminal Revision petition filed under Section 401 of Cr.P.C., to set aside the Judgment of conviction and sentence imposed upon the revision petitioner/accused by the Judicial Magistrate, Fast Track Court at Magisterial Level, Karur, in Calender Case No.105 of 2014 dated 23.11.2015 and modified by the Mahalir Neethi Mandram(Fast Track Mahila Court), Karur, in Criminal Appeal No.91 of 2015 dated 10.03.2016 and against the revision petitioner/accused by giving benefit of doubt. For Petitioner : Mr.K.Suresh For Respondent : Mr.G.D.Manikandan, for Mr.N.Shanmuga Selvam.

***

ORDER

Heard the learned counsel on either side.

2. The petitioner was prosecuted by the respondent, namely, Raja, for the offence under Section 138 r/w.142 of the Negotiable Instruments Act on the file of the Judicial Magistrate(Fast Track Court at Magisterial Level), Karur.

3. The learned trial Magistrate by Judgment dated 23.11.2015 found the petitioner guilty of the said offence and convicted and sentenced him. Aggrieved by the same, the petitioner filed C.A.No.91 of 2015 before the Mahalir Neethimandram(Fast Track Mahila Court), Karur. The appellate Court partly allowed the appeal by reducing the sentence of imprisonment from two months Simple Imprisonment to one month Simple Imprisonment. Questioning the same, this revision came to be filed.

https://hcservices.ecourts.gov.in/hcservices/

CRL.R.C.(MD)No.344 OF 2016

4. During the pendency of the revision case, there has been a compromise between the parties. The cheque amount is for a sum of Rs.1,50,000/-. The complainant has also agreed to receive a sum of Rs.1,25,000/- towards full and final settlement. The complainant has also given eight weeks time to the accused. The accused before this Court gives an undertaking that he will abide by the compromise arrived at between the complainant.

5. In view of the same, the Judgments passed by the Courts below are set aside and the matter is allowed to be compounded. If the accused fails to adhere to the terms of compromise, the Judgment passed by the appellate Court modifying the sentence imposed on the petitioner by the Court below will be restored automatically. This criminal revision stands allowed accordingly. 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.

1. The Sessions Judge, Mahalir Neethi Mandram(Fast Track Mahila Court), Karur.

2. The Judicial Magistrate, Fast Track Court at Magisterial Level, Karur. Copy to: The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.(2) Crl. R.C.(MD)No.344 of 2016 30.11.2020 MJ(CO) CS(22.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/