A.Saravanan @ Gandhi v. G.Natesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.881 of 2021 and Crl.M.P.(MD)No.8427 of 2022 A.Saravanan @ Gandhi ... Petitioner/Appellant/Accused Vs.

G.Natesan ... Respondent/Respondent/Respondent Prayer : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records and set aside the conviction imposed by the II Additional District and Sessions Judge, Thanjavur in C.A.No.3 of 2020, dated 20.11.2020, by confirming the conviction and sentence imposed by the learned Judicial Magistrate (Fast Track Court), Thanjavur in S.T.C.No.115 of 2017 by the judgment, dated 05.12.2019. For Petitioner : Mr.M.Saravanan For Respondent : Mr.R.L.Dilipan Pandian for Mr.N.Balasubramanian

O R D E R

The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.3 of 2020, dated 20.11.2020 on the file of the learned II Additional District and Sessions Judge, Thanjavur , confirming the 1/4

Judgment of conviction and sentence dated 05.12.2019 passed in S.T.C.No. 115 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court), Thanjavur.

2.Today (20.07.2022), when the matter is taken up for hearing, both counsel on record would submit that they have already filed joint compromise memo. The contents of the joint compromise memo are read over and explained to both the parties and they would admit the same. It is not in dispute that the respondent received a sum of Rs.3,50,000/- and that the petitioner has already deposited a sum of Rs.1,12,500/- to the credit of S.T.C.No.115 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court), Thanjavur, as per the conditional order passed by this Court. The joint compromise memo filed by both the parties is recorded.

3. In view of the compromise entered between the parties, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged. The respondent is permitted to withdraw the said amount of 2/4

Rs.1,12,500/- before the learned Judicial Magistrate, (Fast Track Court), Thanjavur. Consequently, connected miscellaneous petition is closed. 20.07.2022 Index : Yes/No Internet : Yes/No sji To:- 1.The Judicial Magistrate, (Fast Track Court), Thanjavur. 2.The II Additional District and Sessions Judge, Thanjavur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

K.MURALI SHANKAR, J.

sji ORDER MADE IN Crl.R.C.(MD)No.881 of 2021 20.07.2022 4/4