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Madras High CourtCRL RC(MD)/830/2013partly allowed

Vasuki v. Vasudevan

2019-06-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.830 of 2013 Vasuki ... Petitioner Vs.

Vasudevan ... Respondent Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records and set aside the judgment dated 22.11.2011 passed by the learned Additional District and Sessions (Fast Track Court No-I), Trichy in C.A.No.21 of 2011 confirming the sentence imposed by the learned Judicial Magistrate No.VI, Trichy, in C.C.No.209 of 2006, dated 28.01.2011.

For Petitioner : Mr.R.Anand For Respondent : Mrs.J.Maria Roseline

O R D E R

The petitioner was found guilty of the offence under Section 138 of Negotiable Instruments Act by the Courts below and sentenced to imprisonment and also directed to pay fine. 2.When the matter was taken up for hearing, the learned counsel appearing for the revision petitioner submitted that he would not challenge the conviction imposed on the petitioner but he wants some leniency to be shown in the matter of sentence alone. In this view of the matter, the sentence of imprisonment imposed on the petitioner is set aside. The petitioner is directed to pay the compensation amount of Rs.1,50,000/- to the respondent/complainant within a period of five months from the date of receipt of a copy of this order. He shall do so by depositing the said amount of Rs.1,50,000/- to the credit of C.C.No.

209 of 2006, on the file of the learned Judicial Magistrate No.VI, Trichy. The complainant is at liberty to withdraw the said amount because this amount represent the compensation payable to him. If the petitioner does not pay the said amount within a period of five months as indicated above, the sentence imposed by the Appellate Court stands restored. The Trial Magistrate shall take steps to enforce this order. This Criminal Revision Case is partly allowed.

Sd/- Assistant Registrar // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS )

To

1. The Additional District and Sessions Fast Track Court No-I, Trichy.

2. The Judicial Magistrate No.VI, Trichy.

+1 CC to M/s.J.MARIA ROSELINE, Advocate ( SR-70522[F] dated 21/06/2019 ) Crl.R.C(MD)No.830 of 2013 20.06.2019 IAS MK (09.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/