← Library
Madras High CourtCRL RC(MD)/876/2016allowed

Meiyappan v. Lakshmi

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

Crl.R.C.(MD)No.876 of 2016 BAIL SLIP Meiyappan,So/o Meiyappa Chettiyar aged about 65 years sole accused was released on bail vide order of this Court dated 29/12/2016 made in CRL.MP(MD).12736 of 2016 in CRL RC(MD).No.876 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.876 of 2016 and Crl.M.P.(MD)No.12737 of 2016 Meiyappan ... Petitioner/Appellant/Respondent Vs.

Lakshmi ... Respondent/Respondent/petitioner Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records pertaining to the C.A.No.56 of 2013 dated 23.12.2016 on the file of the Mahalir Fast Track Court, Sivagangai confirming the conviction and sentence passed in C.C.No.94 of 2012 dated 28.11.2013 on the file of the Judicial Magistrate (Fast Track Court), Karaikudi and set aside the same. For Petitioner : Mr.N.Tamil Mani For Respondent : Mr.S.Srinivasa Raghavan

O R D E R

Heard the learned counsel on either side.

2.The revision petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instrument Act in C.C.No.94 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court, Karaikudi filed by the respondent herein. The conviction and sentence was confirmed by the Appellate Court also. Challenging the same, this criminal revision case came to be filed. 3.During the pendency of this case, the parties entered into compromise. The learned counsel on either side confirms the same. A compromise memo has also been filed. It appears that respondent had received a sum of Rs.2,25,000/- towards full and final settlement of her claims.

4.In view of the compromise arrived between the parties, the offence is compounded in terms of Section 147 of the Negotiable Instrument Act. Since the offence has already been compounded, the impugned judgments are set aside and the criminal revision case is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.876 of 2016 allowed. The compromise memo dated 02.11.2020 shall form part and parcel of the order of this criminal revision case. At this stage, the learned counsel for the revision petitioner states that at the time of obtaining suspense of sentence, the petitioner had deposited a sum of Rs.50,000/-. The petitioner is permitted to withdraw the said deposit amount. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // 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.

ENCL: Xerox Copy of Joint Compromise Memo To:

1.The Sessions Court, Mahalir Fast Track Court, Sivagangai.

2.The Judicial Magistrate, Fast Track Court, Karaikudi.

3.The Chief Judicial Magistrate, Sivagangai District. 4.The Superintendent,Central Prison, Trichy.

+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-23976[F] dated 04/12/2020 ) +1 CC to M/s.N.TAMIL MANI, Advocate ( SR-23985[F] dated 04/12/2020 ) Crl.R.C.(MD)No.876 of 2016 03.12.2020 SE(CO) KB(10.12.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2