Madras High Court
A.Natarajan vs Murugesan on 10 March, 2021
CRL.R.C(MD).No.800 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.R.C(MD).No.800 of 2017
A.Natarajan : Petitioner / Appellant
Vs.
1.Murugesan
2.The Public Prosecutor,
Tirunelveli. : Respondents / respondents
PRAYER:- Criminal Revision case filed under Section 397 r/w. 401
Cr.P.C., to set aside the Judgment dated 16.08.2017 made in C.A.No.54 of
2017 on the file of the learned III Additional District and Sessions Judge,
Tirunelveli, confirming the conviction order dated 05.06.2015 in S.T.C.No.
434 of 2009 on the file of the learned District Munsif and Judicial
Magistrate, Sivagiri.
For Petitioner : Mr.M.S. Jeyakarthik
For 1st respondent : Mr.A.Md. Haniffa
for Mr.M.P.Senthil
For 2nd respondent : Mr. V. Neelakandan
Additional Public Prosecutor.
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CRL.R.C(MD).No.800 of 2017
ORDER
The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.54 of 2017 on the file of the learned III Additional District and Sessions Court, Tirunelveli, confirming the Judgment of conviction dated 05.06.2015 passed in S.T.C.No.434 of 2009 on the file of the learned District Munsif cum Judicial Magistrate, Sivagiri.
2. During the pendency of the revision, the revision petitioner has filed an application under Section 147 of the Negotiable Instruments Act along with affidavits of the revision petitioner/ accused and the respondent / complainant and the joint memo of both the parties and whereunder, the revision petitioner had agreed to pay a sum of Rs. 3,00,000/- to the complainant through demand draft and the complainant has agreed to receive the same and to allow the revision.
3.Today, when the matter is taken up for hearing, the learned counsel for the revision petitioner would represent that the demand draft has been handed over to the respondent and that the learned counsel for the respondent would submit that the respondent has received the demand http://www.judis.nic.in 2/4 CRL.R.C(MD).No.800 of 2017 draft today (i.e. 10.03.2021). The joint memo filed by both parties is recorded.
4. In view of the compromise entered into between the parties, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged.
10.03.2021 (2/2) Index : Yes : No Internet : Yes : No das/trp To
1.The III Additional District and Sessions Judge, Tirunelveli.
2.The learned District Munsif and Judicial Magistrate, Sivagiri.
3.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai. http://www.judis.nic.in 3/4 CRL.R.C(MD).No.800 of 2017 K.MURALI SHANKAR,J.
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