Madras High CourtCRL RC(MD)/829/2017allowed

G. Manivel v. S. Palanivel

2020-12-16Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.R.C.(MD)No.829 of 2017 BAIL SLIP The Sole Petitioner/Appellant/Accused namely G.Manivel, Male aged 54, S/o.K.P.Gopalan was directed to be released on bail as per the order of this Court, dated 10.11.2017 made in Crl MP(MD)No.10248 of 2017 in Crl RC(MD)829 of 2017 on the file of this Court. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. R.C.(MD)No.829 of 2017 G.Manivel .. Petitioner/ Appellant/Accused Vs.

S.Palanivel .. Respondent/ Respondent/Complainant Prayer : This Criminal Revision is filed under Sections 397 r/w. 401 of Cr.P.C., to set aside the order dated 14.06.2016 made in C.A.No.33 of 2016 on the file of the Fast Track Mahila Court, Karur, dated 14.06.2016 modifying the sentence passed in C.C.No.625 of 2014 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level, Karur, dated 06.04.2016, convicting the petitioner and sentence to undergo three months Simple Imprisonment and allow the revision petition.

For Petitioner : Mr.S.Gokul Raj For Respondent : Mr.V.Nagarajan ***

ORDER

Heard the learned counsel on either side.

2. The respondent herein filed C.C.No.625 of 2014 before the Judicial Magistrate, Fast Track Court at Magisterial Level, Karur, against the revision petitioner herein for the offences under Sections 138 r/w. 142 of the Negotiable Instruments Act.

3. The case ended in conviction and sentence. The petitioner filed C.A.No.33 of 2016 before the Sessions Judge, Fast Track Mahila Court, Karur. The appellate Court modified the sentence and partly allowed the appeal. Challenging the same, this criminal revision case came to be filed.

4. During the pendency of this case, the parties appear to have entered into a compromise. The joint compromise memo has also been filed. The complainant Palanivel is present before this Court https://hcservices.ecourts.gov.in/hcservices/

2 CRL.R.C.(MD)No.829 of 2017 through web hearing and he states that he had already received the amount in question and that he has no objection for compounding the matter.

5. Recording the said submission, the Judgment impugned in this criminal revision case is set aside. Since the offence has been compounded, the revision petitioner is free of the stigma attached to the conviction. The revision petitioner shall not incur any disqualification. In other words, the fact that the respondent filed the prosecution against the petitioner will not cast any cloud on the service or career of the revision petitioner.

6. This criminal revision case is allowed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Sessions Judge, Fast Track Mahila Court, Karur.

2. The Judicial Magistrate, Fast Track Court at Magisterial Level, Karur. 3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2C) +1CC TO MR.S.GOKULRAJ, ADVOCATE, SR NO 25932 Crl. R.C.(MD)No.829 of 2017 16.12.2020 TP(CO) KK(05.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/