Madras High CourtCRL RC(MD)/1014/2024disposed of

T.Raveendran v. Satheeshkumar

2024-11-26Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI and Crl.M.P.(MD)Nos.11267 and 11269 of 2024 T.Raveendran ... Petitioner Vs.

Satheeshkumar ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 & 442 of BNSS, to set aside the order in Crl.A.No.62 of 2023, dated 28.06.2024 on the file of the Additional Sessions Court, Kuzhithurai, confirming the order passed in S.T.C.No.862 of 2015, dated 06.06.2023 on the file of the Judicial Magistrate No.1, Kuzhithurai.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.S.Sivakumar 1/5

ORDER

The Criminal Revision is directed against the order in Crl.A.No.62 of 2023, dated 28.06.2024 on the file of the Additional Sessions Court, Kuzhithurai, confirming the judgment passed in S.T.C.No.862 of 2015, dated 06.06.2023 on the file of the Judicial Magistrate No.1, Kuzhithurai.

2. When the matter was taken up for hearing on 15.11.2024, considering the submissions made by the learned counsel appearing for the petitioner that the matter was settled between the parties, this Court has directed the petitioner to deposit 5% of the cheque amount before the High Court Legal Service Authority attached to this Bench on or before 25.11.2024.

3. When the matter is taken for hearing today (26.11.2024), the learned counsel appearing for the petitioner has filed a memo along with the receipt to show that 5% of the cheque amount of Rs.15,000/- (Rupees Fifteen Thousand only) was deposited before the High Court Legal Services Committee, in pursuance of the direction of this Court. The said memo is recorded.

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4. A joint compromise memo has also been filed by the parties. On perusal of the same, it is seen that the petitioner has paid the compromised amount of Rs.3,00,000/- (Rupees Three Lakhs Only) to the respondent and the said amount was also received by the respondent on 11.11.2024.

5. Both sides submitted that the petitioner has already deposited Rs.60,000/- (Rupees Sixty Thousand Only) before the Trial Court on 15.03.2024 and the respondent has no objection to withdraw the said amount by the petitioner.

6. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of Negotiable Instruments Act. Hence, the Criminal Revision Petition is disposed of, and the judgments of the trial Court and the appellate Court are set aside, and the petitioner/accused is acquitted from the charges levelled against him.

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7. The revision petitioner is permitted to withdraw the amount of Rs.60,000/- (Rupees Sixty Thousand Only), which was already deposited on 15.03.2024 by filing appropriate application before the trial Court. Consequently, the connected Criminal Miscellaneous Petitions are closed.

26.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The Additional Sessions Court, Kuzhithurai.

2.The Judicial Magistrate No.1, Kuzhithurai.

3.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD Crl.R.C(MD)No.1014 of 2024 and Crl.M.P.(MD)Nos.11267 and 11269 of 2024 26.11.2024 5/5