Madras High CourtCRL RC(MD)/243/2020settled before the lokadalats

R. Selvakumaran v. M/S. Kavimalar Investments

2023-08-12Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.09.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL R.Selvakumaran ... Petitioner -VsM/s.Kavimalar Enterprises Rep. by its Partner R.Kathiresan S/o.Ramasamy TAM Complex, NRMP Street Kovai Road, Karur-2 ... Respondent PRAYER:- Criminal Revision Petition is filed under section 397 and 401 of Cr.P.C to call for the records relating to the impugned order passed in C.C. No.447 of 2016 on the file of the learned Judicial Magistrate, Fast Track, Karur dated 28.03.2019 and confirmed in Crl.A(MD) No.48 of 2019 dated 24.06.2019 on the file of the learned Additional Sessions Judge, Karur and set the same as illegal. For Petitioner : Mr.N.Satheesh Kumar For Respondent : Mr.P.Athimoolapandian 1/4

ORDER

This Criminal Revision has been filed to set aside the order passed in Crl.A(MD) No.48 of 2019 dated 24.06.2019 on the file of the learned Additional Sessions Judge, Karur as confirmed in C.C. No.447 of 2016, dated 28.03.2019 on the file of the learned Judicial Magistrate, Fast Track Court, Karur and allow the criminal revision case

2. When the matter is taken up for hearing today the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent appeared before this Court and filed a joint compromise memo. They also represented that the matter had been referred to lok adalat and it was settled.

3. In view of the compromise arrived at between the parties this Criminal Revision is allowed and the judgement and conviction passed by the trial Court in C.C. No.447 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court, Karur dated 28.03.2019 as confirmed by the learned Crl.A(MD) No.48 of 2019 dated 24.06.2019 on the file of the learned Additional Sessions Judge, Karur are set aside and the petitioner is acquitted from the charge under 2/4

Section 138 of the Negotiable Instrument Act. The bail bond if any executed by the petitioner shall stand cancelled and fine amount, if any, paid by him is ordered to be refunded forthwith. The joint compromise memo shall form part of the order. A sum of Rs. 1,27,800/- already deposited by the petitioner before the trial Court in C.C. No.447 of 2016 is ordered to be refunded to the petitioner and the petitioner is at liberty to withdraw the same in accordance with law.

11.09.2023 Index : Yes/No Internet : Yes/No aav To

1. The Additional Sessions Judge, Karur

2. The Judicial Magistrate, Fast Track Court, Karur 3/4

P.DHANABAL, J.

aav 11.09.2023 4/4