Madras High CourtCRL RC(MD)/813/2016allowed

V.Sriramachandran v. Thirumurugan

2020-12-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.R.C.(MD)No.813 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.813 of 2016 V.Sriramachandran ... Petitioner Vs.

Thirumurugan ... Respondent Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records of the learned Additional District and Sessions Judge / Presiding Officer Special Court for E.C. and NDPS Act Cases, Pudukkottai, in Crl.A.No.30 of 2014 by judgment dated 22.11.2016, confirming the conviction and sentence of imprisonment imposed by the learned Judicial Magistrate, Pudukkottai in S.T.C.No.2616 of 2007 by the judgment dated 03.06.2014 and set aside the judgments of the Courts below and acquit the petitioner. For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.R.P.Ramachanthiran

O R D E R

Heard the learned counsel on either side.

2.The petitioner was prosecuted for the offence under Section 138 of the Negotiable Instrument Act in S.T.C.No.2616 of 2007 on the file of the learned Judicial Magistrate, Pudukkottai. It ended in conviction and sentence. It was also confirmed in C.A.No.30 of 2014 on the file of the Additional District and Sessions Court, Pudukkottai. Challenging the same, this criminal revision case came to be filed.

3.When the matter was taken up for final hearing, the learned counsel appearing for the revision petitioner categorically made a statement that the revision petitioner will take a demand draft for a sum of Rs.7,25,000/- in favour of the complainant and hand over the same to him on or before 10.01.2021. This undertaking is specifically given by the petitioner through his counsel. Since this offer has been accepted by the respondent, I am of the view that the case itself can be compounded in terms of Section 147 of the Negotiable Instrument Act. It is accordingly compounded and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.813 of 2016 impugned judgments are set aside and the criminal revision case is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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. To:

1.The Additional District and Sessions Judge, Pudukkottai.

2.The Judicial Magistrate, Pudukkottai.

Crl.R.C.(MD)No.813 of 2016 03.12.2020 MA(CO) KB(14.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2