Madras High CourtCRL RC(MD)/800/2017disposed of

A.Natarajan, v. Murugesan,

2021-03-10Honourable Mr Justice K.Murali Shankar3 pages

BAIL SLIP The petitioner/ Accused viz., namely A.Natarajan, S/o. Arumugam, was released on bail dated 26.10.2017 made in CRL MP(MD) No.9639/2017 in CRL RC(MD).800/2017 on the file of this Court. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR A.Natarajan

...Petitioner/Appellant

Vs.

1.Murugesan 2.The Public Prosecutor, Tirunelveli.

...Respondents/Respondents

PRAYER:- Criminal Revision case filed under Section 397 r/w. 401 Cr.P.C., to set aside the Judgment dated 16.08.2017 made in C.A.No.54 of 2017 on the file of the learned III Additional District and Sessions Judge, Tirunelveli, confirming the conviction order dated 05.06.2015 in S.T.C.No.434 of 2009 on the file of the learned District Munsif and Judicial Magistrate, Sivagiri. For Petitioner : Mr.M.S. Jeyakarthik For 1st respondent : Mr.A.Md. Haniffa for Mr.M.P.Senthil For 2nd respondent : Mr. V. Neelakandan Additional Public Prosecutor.

ORDER

The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.54 of 2017 on the file of the learned III Additional District and Sessions Court, Tirunelveli, confirming the Judgment of conviction dated 05.06.2015 passed in S.T.C.No.434 of 2009 on the file of the learned District Munsif cum Judicial Magistrate, Sivagiri.

2. During the pendency of the revision, the revision petitioner has filed an application under Section 147 of the Negotiable Instruments Act along with affidavits of the revision petitioner/ 1/3

accused and the respondent / complainant and the joint memo of both the parties and whereunder, the revision petitioner had agreed to pay a sum of Rs.3,00,000/- to the complainant through demand draft and the complainant has agreed to receive the same and to allow the revision.

3.Today, when the matter is taken up for hearing, the learned counsel for the revision petitioner would represent that the demand draft has been handed over to the respondent and that the learned counsel for the respondent would submit that the respondent has received the demand draft today (i.e. 10.03.2021). The joint memo filed by both parties 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 charges levelled against him. Bail bond if any, executed by the accused shall stand discharged. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) DAS/TRP To 1.The III Additional District and Sessions Judge, Tirunelveli.

2.The District Munsif and Judicial Magistrate, Sivagiri.

3.-Do- through: The Chief Judicial Magsitrate, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The Public Prosecutor, Tirunelveli.

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6.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai. (soft copy) +1 CC to Mr.M.S.JEYAKARTHIK, Advocate ( SR-9945[F] dated 10/03/2021) +1 CC to Mr.M.P.SENTHIL, Advocate ( SR-9962[F] dated 10/03/2021 ) +1 CC to Mr.M.S.JEYAKARTHIK, Advocate (SR-10272[F] dated 11/03/2021) Order made in 10.03.2021 KMV(CO) SRS (22/03/2021) 3P : 10C 3/3