Madras High CourtCRL RC(MD)/601/2011partly allowed

Lakshmanan Pillai v. Bhagavathiperumal

2019-06-12Honourable Mr Justice G.R.Swaminathan2 pages

BAIL SLIP The Petitioner namely Lakshmanan Pillai, was released on bail as per the order of this Court dated 29.07.2011 made in MP(MD) No.2/2011 in CRL RC.(MD) No.601/2011.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD).No.601 of 2011 and MP(MD).No.3 of 2011 Lakshmanan Pillai ... Petitioner Vs 1.Bhagavathi Perumal ... 1st respondent / complainant 2.State rep. by The Public Prosecutor, Nagercoil.

... 2nd Respondent / Respondent PRAYER: Petition filed under Section 397 r/w 401 Code of Criminal Procedure, to call for the records relating to the case in Crl.A.No.11 of 2007 on the file of the Court of Sessions, Kanyakumari Division at Nagercoil and set aside the conviction and sentence passed by the Sessions Judge in Crl.A.No.11 of 2007, dated 03.02.2011, confirming the Judgment dated 16.12.2006 made in STC.No.2213 of 2004, on the file of the Court of the Judicial Magistrate No.II, Nagercoil.

For Petitioner : Mr.M.Suri For R1 : Mr.K.Prabhu For R2 : Ms.S.Bharathi Government Advocate (Crl. Side)

ORDER

The petitioner herein had suffered conviction for the offence under Section 138 of Negotiable Instruments Act and was also sentenced by the Courts below.

2. When the matter came up for hearing, the learned counsel appearing for the petitioner states that he would not question the finding of the guilt and he would be satisfied, if leniency is shown in the matter of sentence. I find the said request to be reasonable. Therefore, while sustaining the finding of conviction, sentence and fine imposed on the petitioner are set aside. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner is directed to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation to the respondent / complainant. The petitioner shall deposit the said amount to the credit of S.T.C.No.2213 of 2004, on the file of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District, within a period of six months from the date of receipt of a copy of this order. The same can be withdrawn by the first respondent / complainant. If the petitioner fails to do so, the sentence and fine imposed by the Courts below will stand automatically restored.

4. With the above modification, the Criminal Revision Case is partly allowed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To

1. The Court of Sessions, Kanyakumari Division at Nagercoil

2. The Judicial Magistrate No.II, Nagercoil.

+1 CC to M/s.M.SURI, Advocate ( SR-68375[F] dated 13/06/2019 ) +1 CC to M/s.K.PRABHU, Advocate ( SR-68555[F] dated 13/06/2019 ) Crl.R.C(MD).No.601 of 2011 and MP(MD).No.3 of 2011 12.06.2019 trp JM/26.08.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/