Madras High CourtCRL RC(MD)/462/2016allowed

C.Ponnambalam v. R.Kandasamy

2020-12-07Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.R.C.(MD)NO.462 OF 2016 Bail Slip The Appellant/Accused ,viz C.Ponnambalam,S/o.Chidambaram,Male,aged about 45 years/2016 was released on bail vide Court Order dated 30.06.2016 made in CRL MP(MD)No.5319 of 2016 in CRL. R.C.(MD)No.462 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. R.C.(MD)No.462 of 2016 C.Ponnambalam ... Petitioner/Appellant/Accused Vs.

R.Kandasamy ... Respondent/Respondent/Complainant Prayer : This Criminal Revision is filed under Sections 397 r/w. 401 of Cr.P.C., to set aside the Judgment dated 13.05.2016 passed in C.A.No.24 of 2016 on the file of the Sessions Court(Fast Track Mahila Court), Karur, confirming the Judgment dated 18.02.2016 passed in C.C.No.571 of 2013 on the file of the Judicial Magistrate, Fast Track Court, at Magisterial Level, Karur, by allowing this appeal.

For Petitioner : Mr.B.K.Rajendran For Respondent : Mr.K.Suresh

ORDER

Heard the learned counsel on either side.

2. The revision petitioner was prosecuted for the offences under Section 138 of the Negotiable Instruments Act in C.C. No.571 of 2013 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.

3. The case ended in conviction and sentence. Questioning the same, the petitioner filed C.A.No.24 of 2016 before the Sessions Judge, Karur. Vide Judgment dated 13.05.2016, the appellate Court confirmed the Judgment passed by the trial Court and dismissed the appeal. Challenging the same, this criminal revision case came to be filed.

4. During the pendency of the revision case, the petitioner came forward to settle the matter. I requested the respondent's counsel to ensure amicable resolution of the issue, considering the fact that the revision petitioner is a Government servant. https://hcservices.ecourts.gov.in/hcservices/

5. I am happy to note that the request made by the Court has been accepted by the respondent. The respondent has accepted a sum

2 CRL.R.C.(MD)NO.462 OF 2016 of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) already given by the petitioner herein as a full and final settlement. In view of the payment already made by the petitioner, the offence is compounded. The Judgment impugned in this criminal revision case stands set aside. This criminal revision case is allowed.

6. It is made clear that the cheque amount has been received by the respondent towards full and final settlement and therefore, no disqualification is attracted.

Sd/- Assistant Registrar (AE) // 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(Fast Track Mahila Court), Karur.

2. The Judicial Magistrate, Fast Track Court, at Magisterial Level, Karur. 3.The Additional Sessions Judge,Fast Track Mahila Court, Karur.

4.Do thro- The Chief Judicial Magistrate,Karur. 5.The Section Officer,Criminal Section, Madurai Bench of Madras High Court,Madurai.(2C) +1 CC to M/s.B.K.RAJENDRAN, Advocate ( SR-24737[F] dated 09/12/2020 ) Crl. R.C.(MD)No.462 of 2016 07.12.2020 (SJ)CO AP(28/12/2020) 2 P 8C https://hcservices.ecourts.gov.in/hcservices/