T.Ramesh Kumar, v. R.Sakthivel,

Crl.R.C.(MD)No.908 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.R.C.(MD)No.908 of 2017 T.Ramesh Kumar

...Petitioner/Respondent/Sole Accused

Vs.

R.Sakthivel

...Respondent/Appellant/Complainant

PRAYER: The Criminal Revision Case is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records pertaining to the judgment in Crl.A.No.27 of 2017, on the file of the Additional District and Sessions Court, Palani, Dindigul District, dated 11.10.2017 in S.T.C.No.15 of 2013, before the Fast Track Court (Judicial Magistrate Level), Palani, Dindigul District, dated 22.05.2013 and set aside the same.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.T.Lenin Kumar

ORDER

This Criminal Revision Case is filed to call for the records pertaining to the judgment made in Crl.A.No.27 of 2017, on the file of the Additional District and Sessions Court, Palani, Dindigul District, dated 11.10.2017, confirming the conviction and sentence passed by the learned Judicial Magistrate (Fast Track Court Level), Palani in STC No.15 of 2003, dated 25.02.2013. 2.Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.T.Lenin Kumar, learned counsel appearing for the respondent.

3.After filing this Criminal Revision, when the same was posted for enquiry on 28.09.2021, both the revision petitioner and the respondent filed joint compromise memo, wherein, they have stated that the dispute having by them are now settled in out of Court. In otherwise, in respect of payment, there was an agreement made to the effect that the respondent herein is entitled to receive a sum of Rs.1,50,000/- along with accrued interest, which is deposited by the petitioner in the account of S.T.C.No.15 of 2013, on the file of the Judicial Magistrate Court (Fast Track Court Level), Palani. 4.After receiving the joint compromise memo filed by either parties, this Court directed them to appear before this Court. In pursuant to the aforesaid direction, both the parties appeared https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.908 of 2017 before this Court in person. After their appearance, in order to verify their identity, they have produced the copy of Aadhar card. Further, the counsel appearing on behalf of them also identified them. Thereafter, the contents of the joint compromise memo has been read over to them and the same was admitted by them as correct. 5.In view of the fact that the offence committed by the revision petitioner is compoundable under Section 147 of Negotiable Instrument Act, the compromise arrived at between the parties is recorded and accordingly, the revision petition is allowed by setting aside the conviction and sentence passed by the appellate Court in Crl.A.No.27 of 2017, dated 11.10.2017. There shall be a direction to the learned Judicial Magistrate (Fast Track Court Level), Palani to refund the amount of Rs.

1,50,000/-(Rupees One Lakh Fifty Thousand only) which was deposited by the petitioner in S.T.C.No.15 of 2013, on its file, along with accrued interest, if any, to the respondent, namely, R.Sakthivel S/o Late P.Ramasamy. 6.With the above direction, this Criminal Revision case is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The Additional District and Sessions Court, Palani, Dindigul District.

2.The Judicial Magistrate Court, (Fast Track Court Level), Palani.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-33056[F] dated 28/10/2021) Order made in Crl.R.C.(MD)No.908 of 2017 27.10.2021 SJ(CO) GC/PM (09.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2