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Madras High CourtCRL RC(MD)/1204/2024disposed of

M.Thirumalai v. M.Ganesan

2025-01-21Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Thirumalai ... Petitioner Vs.

M.Ganesan ... Respondent PRAYER : Criminal Revision Petition filed under Sections 438 and 442 of BNSS, to call for the records pertaining to the order passed by the IV Additional District and Sessions Court, Madurai in Crl.A.No.105 of 2023, dated 03.10.2024, confirming the order passed by the Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai in S.T.C.No.311 of 2020, dated 19.09.2023 and set aside the same as illegal. For Petitioner : Mr.S.Vikram For Respondent : Mr.J.Mohammed Akram

ORDER

The Criminal Revision Case is directed against the judgment in Crl.A.No.105 of 2023, dated 03.10.2024 on the file of the learned IV Additional District and Sessions Judge, Madurai, confirming the judgment 1/5

passed in S.T.C.No.311 of 2020, dated 19.09.2023 on the file of the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai.

2. When the matter is taken up for hearing today (21.01.2025) the learned counsel appearing for the petitioner has filed a memo along with receipt to show that the petitioner has deposited Rs.5,000/- (Rupees Five Thousand only) before the High Court Legal Services Committee. The said memo is recorded.

3. A joint compromise memo has also been filed by the parties. On perusal of the same, it is seen that both parties have agreed to solve the entire dispute for a sum of Rs.4,50,000/- (Rupees Four lakhs and Fifty Thousand only), and as per the same, the petitioner has paid a sum of Rs.3,00,000/- (Rupees Three lakhs only) and Rs.1,50,000/- (Rupees One lakh only) to the respondent on 03.10.2024 and 08.01.2025 respectively.

4. The petitioner has already deposited a sum of Rs.1,35,000/- (Rupees One lakh and Thirty Five Thousand only) before the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai in S.T.C.No.311 of 2020 and the respondent has no objection to withdraw 2/5

the said amount by the petitioner and also made an endorsement to that effect.

5. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of Negotiable Instruments Act. Hence, the 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.

6. The petitioner is also permitted to withdraw the amount of Rs.1,35,000/- (Rupees One lakh and Thirty Five Thousand Only), which was already deposited before the trial Court by the petitioner. 21.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSD 3/5

To 1.The IV Additional District and Sessions Court, Madurai.

2.The Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai 3.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD 21.01.2025 5/5