Sivabharathi v. Kothandaraman

CRL.R.C(MD)N0.1166 of 2024 L.VICTORIA GOWRI,,J.

Today, the matter has been listed under the caption''for being mentioned'' at the instance of the learned counsel for the Petitioner as well as the respondent. 2.Both the parties have sought for some corrections in paragraph No.4 and 5 of the order made in Crl.R.C(MD)No.1166 of 2024, dated28.8.2025. Hence paragraph No.4 and 5 are modified and read as follows: ''4. The learned counsel appearing for the Petitioner submitted that out of the cheque amount of Rs.1,00,000/-, Rs.66,000/- has been deposited in S.T.C.No. 63 o 2021 before the learned Judicial Maistrate, Fast Track Court(Magisterial level), Pattukottai and the remaining amount to the tune of Rs.34,000/- which is to be paid to the respondent herein is settled by drawing Demand Draft bearing D.D.NO.699899 614015106, dated 22.8.2025 in favour of K.Gothandaraman at Canara Bank, Pattukottai-II Branch, Thanjavur and the respondent has received 1/3

the same before this Court.

5.Recording the same, this Criminal Revision Case is allowed. The respondent shall withdraw the amount deposited in S.T.C.No.62/2021 before the learned Judicial Magistrate,Fast Track Court(Magisterial Level), Pattukottai. The conviction and sentence imposed upon the Petitioner vide judgment dated 2.11.2023 in Crl.A.No.70 of 2023, on the file of the learned Principal Sessions Judge, Thanjavur confirming he conviction and sentence imposed by judgment, dated 20.10.2022 in S.T.C.NO.62 of 2021, on the file of the learned Judicial Magistrate, Fast Track Court,(Magisterial Level), Pattukottai is set aside and the Petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act.''

3.Registry is directed to incorporate corrected paragrah No.4 and 5 in the above said order and issue fresh order copy to the parties concerned. 22.10.2025 2/3

L.VICTORIA GOWRI,J .

vsn ORDER MADE IN CRL.R.C(MD)N0.1166 of 2024 22.10.2025 3/3