Madras High Court
G.K.Arumugam vs M.A.Gunasekaran on 19 September, 2014
Author: C.T.Selvam
Bench: C.T.Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2014 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.680 of 2008 and M.P.No.1 of 2014 G.K.Arumugam Petitioner Vs. M.A.Gunasekaran Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment, dated 08.04.2008, passed by the I Additional Sessions Judge, Erode, in C.A.No.247 of 2007, confirming the conviction and sentence passed in judgment dated 15.11.2007 passed by the Judicial Magistrate No.II, Erode, in C.C.No.106 of 2005. For Petitioner : Mr.C.Saravanan For Respondent : Mr.V.S.Kesavan ******* O R D E R
This revision is preferred against two concurrent judgments of the Courts below convicting the petitioner for offence under Section 138 read with Section 142 of the Negotiable Instruments Act and sentencing him to undergo six months simple imprisonment and to pay a fine of Rs.4,000/- in default two months simple imprisonment.
2. When the matter is called, learned counsel for the petitioner as also the respondent inform that a settlement stands reached at between parties. An affidavit has been sworn to by the respondent/complainant informing that the matter was compromised between him and the revision petitioner out of Court and this Court may set aside the conviction rendered on the revision petitioner in C.C.No.106 of 2005 under judgment dated 15.11.2007, confirmed in C.A.No.247 of 2007 under judgment dated 08.04.2008.
3.Taking into consideration the affidavit filed by the respondent/complainant and the petition to compound the offence moved by him, this Court records compounding of offence under section 138 of the Negotiable Instrument Act. This Criminal Revision shall stand allowed and the offence under section 138 of the Negotiable Instruments Act tried in C.C.No.106 of 2005, on the file of the Judicial Magistrate No.II, Erode, shall stand compounded. In keeping with Section 320(8) Cr.P.C., the petitioner/accused shall stand acquitted of all charges against him. Fine amount, if any, paid by the petitioner shall be refunded to him. Consequently, the connected miscellaneous petition is closed.
19.09.2014 Index:yes/no Internet:yes/no msk To
1.The Judicial Magistrate II, Erode.
2.The I Additional Sessions Judge, Erode.
C.T.SELVAM, J.
msk Crl.R.C.No.680 of 2008 19.09.2014