Madras High CourtCRL RC(MD)/1096/2024disposed of

R.Pandiyan v. Ondiveeran

2024-11-25Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI and Crl.M.P.(MD)Nos.11940 and 11941 of 2024 R.Pandiyan ... Petitioner Vs.

Ondiveeran ... Respondent PRAYER : Criminal Revision Petition filed under Section 397 r/w 401 of Code of Criminal Procedure, to call for the records and set aside the judgment, dated 20.09.2024 made in C.A.No.22 of 2023 on the file of the Principal Sessions Judge, Theni District, confirming the judgment, dated 24.08.2021 made in S.T.C.No.778 of 2017 on the file of the Judicial Magistrate, Bodinayakanur, Theni District.

For Petitioner : Mr.C.Muthusaravanan For Respondent : Mr.A.K.Baskara Pandian 1/5

ORDER

The Criminal Revision Case is directed against the judgment, dated 20.09.2024 made in C.A.No.22 of 2023 on the file of the Principal Sessions Judge, Theni District, confirming the judgment, dated 24.08.2021 made in S.T.C.No.778 of 2017 on the file of the Judicial Magistrate, Bodinayakanur, Theni District.

2. When the matter was taken up for hearing on 18.11.2024, considering the submissions made by the learned counsel appearing for the petitioner that the matter was settled between the parties, this Court has directed the petitioner to deposit Rs.10,000/- (Rupees Ten Thousand Only) before the High Court Legal Service Authority attached to this Bench on or before 25.11.2024.

3. When the matter is taken up for hearing today (25.11.2024), the learned counsel appearing for the petitioner has filed a memo along with the receipt to show that Rs.10,000/- (Rupees Ten Thousand Only) was deposited before the High Court Legal Services Committee, in pursuance of the direction of this Court. The said memo is recorded. 2/5

4. A joint compromise memo has also been filed by the parties. On perusal of the same, it is seen that the petitioner has paid a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) to the respondent by way of Demand Draft, and the said Demand Draft has also been received by the respondent on 16.11.2024.

5. The learned counsel for the petitioner submitted that the petitioner has already deposited a sum of Rs.1,00,000/- before the trial Court and he has no objection to withdraw the said amount by the respondent/complainant.

6. In view of the compromise entered between the parties, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of Negotiable Instruments Act. Hence, this Criminal Revision Case is disposed of, and the judgments of the trial Court and the appellate Court are set aside, and the petitioner/accused is acquitted from the charges levelled against him. 3/5

7. The respondent/complainant is also permitted to withdraw the amount of Rs.1,00,000/- (Rupees One Lakh Only), which was already deposited before the trial Court by the petitioner. Consequently, the connected Criminal Miscellaneous Petitions are closed. 25.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The Principal Sessions Judge, Theni District.

2.The Judicial Magistrate, Bodinayakanur, Theni District.

3.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

4/5

P.VADAMALAI, J.

VSD and Crl.M.P.(MD)Nos.11940 and 11941 of 2024 25.11.2024 5/5