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Madras High CourtCRL RC(MD)/680/2017allowed

P.Sampath v. K.Selvakumar

2021-04-01Honourable Mr Justice K.Murali Shankar2 pages

CRL.R.C.(MD).No.680 of 2017 BAIL SLIP The Petitioner/Appellant/Accused viz., P.Sampath, S/o.K.R.Palanimuthu, Male aged about 56 years, was already released on bail in and by the order of this court dated 24.08.2017 made in CRL MP(MD)No.7736 of 2017 in CRL RC(MD)No.680 of 2017 on the file of this Madurai Bench of Madras High Court, Madurai.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.R.C.(MD).No.680 of 2017 and CRL.M.P.(MD)No.2882 of 2021 P.Sampath : Petitioner / Appellant/ Accused Vs.

K.Selvakumar : Respondent / Respondent / Complainant PRAYER: Criminal Revision Petitions have been filed under Section 397 r/w 401 of Cr.P.C, to set aside the judgment dated 20.06.2017 made in Crl.A.No.45 of 2016 on the file of the learned Additional District and Sessions Judge, Palani, Dindigul District confirming the judgment passed by the learned Judicial Magistrate (Fast Track Court) Palani, dated 05.10.2016 in S.T.C.No.223 of 2016 and acquit the petitioner / accused.

For Petitioner : Mr.A.R.Kannappan For Respondent : Mr.D.Venkatesh, for Mr.N.Adithya Vijayalayan

ORDER

The Criminal Revision Case is directed against the Judgment of conviction passed in Crl.A.No.45 of 2016, dated 20.06.2017 on the file of the learned Additional District Sessions Judge, Palani, Dindigul District, confirming the Judgment of conviction dated 05.10.2016 passed in S.T.C.No.223 of 2016 on the file of the learned Judicial Magistrate (Fast Track Court) Palani.

2. Today ( 01.04.2021), when the matter is taken for hearing, the revision petitioner has filed an application under Section 147 of the Negotiable Instruments Act along with affidavit of the respondent / complainant and the joint memo of both the parties, whereunder the respondent / complainant has received a sum of Rs.1,75,000/- towards full and final settlement of the claim due https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.R.C.(MD).No.680 of 2017 by the petitioner / accused. The joint memo filed by both parties is recorded.

3. 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 charges levelled against him. Bail bond if any, executed by the accused shall stand discharged. Consequently, connected Miscellaneous Petition is disposed of.

Sd/- Assistant Registrar(RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) das To 1.The Additional District and Sessions Judge, Palani, Dindigul District.

2.The Chief Judicial Magistrate, Dindigul.

3.The Judicial Magistrate (Fast Track Court) Palani.

4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 CC to M/s.A.R.KANNAPPAN, Advocate SR-15150[F] dated 01/04/2021 +1 CC to M/s.D.VENKATESH, Advocate SR-15480[F] dated 08/04/2021 CRL.R.C.(MD).No.680 of 2017 and CRL.M.P.(MD)No.2882 of 2021 01.04.2021 ac(CO) TR(23.04.2021) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2