Madras High CourtCRL RC(MD)/236/2017disposed of

Francis Mutharajan, v. Ravichandran,

2021-03-22Honourable Mr Justice K.Murali Shankar2 pages

CRL.R.C.(MD).No.236 of 2017 BAIL SLIP The appellant/sole accused namely Francis Mutharajan, male, age 57 years, S/o.Arokiyam, was directed to be released on bail as per the order of this Court dated 19/04/2017 in CRL.MP(MD)No.2076/2017 in CRL.R.C.(MD).No.236 of 2017 on the file of this Court. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.R.C.(MD).No.236 of 2017 Francis Mutharajan : Petitioner/Appellant/Accused Vs.

Ravichandran : Respondent/Respondent/Complainant PRAYER: Criminal Revision Petition has been filed under Section 397 and 401 of Cr.P.C, to call for the records from the trial Courts and set aside the judgment of the Appellate Court passed by the learned Principal District and Sessions Judge, Trichy in C.A.No.32 of 2014, dated 05.01.2017 confirming the judgment of the learned Judicial Magistrate Court, Manaparai, Trichy in S.T.C.No.15 of 2016, dated 01.07.2016.

For Petitioner : Mr.G.Karuppasamy Pandian For Respondent : Mr.J.Muneerkhan

ORDER

The Criminal Revision Case is directed against the concurrent judgment passed in C.A.No.32 of 2014, dated 05.01.2017 on the file of the learned Principal District and Sessions Judge, Trichy, confirming the judgment passed in S.T.C.No.15 of 2016, dated 01.07.2016 on the file of the Court of Judicial Magistrate, Manapparai. 2.Today (i.e, 22.03.2021), when the matter is taken up for hearing, the learned counsel for the petitioner has filed a memo stating that the petitioner has deposited a sum of Rs.2,50,000/- in pursuance of the order in Crl.M.P.(MD)No.2076 of 20174, dated 19.04.2017 for suspension of sentence and that as per the settlement arrived at between the parties, the remaining amount of Rs.2,50,000/- has been deposited before the trail Court.

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CRL.R.C.(MD).No.236 of 2017 3.The learned counsel for the respondent would submit that he may be permitted to withdraw the amount and the revision may be dismissed. The said memo is recorded.

4. In view of the compromise entered into 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 charge levelled against him. Bail bond if any, executed by the accused shall stand discharged. Further, the respondent is permitted to withdraw the amount lying in S.T.C.No.15 of 2016 on the file of the Court of Judicial Magistrate, Manapparai. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS-) To

1. The Principal District and Sessions Judge, Trichy.

2. The Judicial Magistrate Court, Manaparai, Trichy.

3. The Chief Judicial Magistrate, Trichy District.

4. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to Mr.G.KARUPPASAMY PANDIAN, Advocate (SR-12930[F] dated 23/03/2021) +1 CC to Mr.B.PRAHALAD RAVI, Advocate (SR-12691[F] dated 22/03/2021 DAS TE : 01/04/2021 : 2P/8C CRL.R.C.(MD).No.236 of 2017 22.03.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2