Madras High Court
A.Muthiah vs M/S.Sree Gokulam Chit & Finance ... on 24 June, 2022
Crl.RC.Nos.880 and 881 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.Nos.880 and 881 of 2017
and C.M.P.Nos.7854 and 7856 of 2022
A.Muthiah ...Petitioner in both Crl.RCs
Vs
M/s.Sree Gokulam Chit & Finance Co.Pvt.Ltd.,
Represented by Legal Assistant:
Mr.Kamala Kannan,
S/o.Uvaraj
Sree Gokulam Towers,
No.66, Arcot Road,
Kodambakkam,
Chennai – 600 024. ... Respondent in both Crl.RCs
Prayer in Crl.R.C.No.880 of 2017:- Criminal Revision petition has been
filed, under Section 397 r/w 401 of Cr.P.C, to allow the appeal by setting
aside the conviction and payment of compensation passed in C.C.No.898 of
2011 dated 02.06.2016 passed by the Learned Fast Track Court No. III
1/6
https://www.mhc.tn.gov.in/judis
Crl.RC.Nos.880 and 881 of 2017
Metropolitan Magistrate, Saidapet, Chennai – 600 015 confirmed in
C.A.No.188 of 2016, XVI Additional Sessions Judge, Chennai.
Prayer in Crl.R.C.No.881 of 2017:- Criminal Revision petition has been
filed, under Section 397 r/w 401 of Cr.PC, to allow the revision by setting
aside the conviction and payment of compensation passed in C.A.
No.187/2016 dated 26.04.2017 passed by the Learned XVI Additional
Sessions Judge, XVI Additional City Civil Court, Chennai confirming the
sentence and compensation passed in C.C.No. 897 of 2011 dated in
02.06.2016 passed by the Metropolitan Magistrate, Fast Track Court – III,
Saidapet, Chennai.
For Petitioner : Mr.S.Selvaraj
in Both Crl.R.Cs
For Respondent : Mr. L.Rajasekar
in Both Crl.R.Cs
COMMONORDER
These Criminal Revision Cases have been preferred against the Judgements passed in C.A.Nos. 187 and 188 of 2016 dated 26.04.2017 passed by the learned XVI Additional Sessions Judge, City Civil Court, 2/6 https://www.mhc.tn.gov.in/judis Crl.RC.Nos.880 and 881 of 2017 Chennai confirming the sentence and direction to pay compensation passed in C.C.Nos.897 and 898 of 2011 dated 02.06.2016 passed by the Metropolitan Magistrate, Fast Track Court- III, Saidapet, Chennai.
2.The learned counsel for the petitioner/Accused submitted that during the pendency of these revisions, this Court in a connected Writ Petition No.6071 of 2014 had directed the parties to appear before the District Mediation Centre, to explore the possibility of amicable settlement. He further submitted that the Mediation took place and the parties had arrived at a settlement. He also submitted that the payment was made to the complainant as per the terms of the Memo of Compromise dated 17.03.2019 filed in W.P.No.6071 of 2014. One M.Jeelani Basha, the Assistant Legal Manager in the respondent Company has filed an affidavit dated 30.03.2021 in both the revisions to the effect that the cheque amounts were settled in terms of the Compromise Memo. 3/6 https://www.mhc.tn.gov.in/judis Crl.RC.Nos.880 and 881 of 2017
3.The copy of the Compromise Memo dated 17.10.2019 has been filed, which confirms the fact that the matter has been settled between the parties in both the above mentioned Criminal Revision Cases.
4.In view of the settlement arrived at between the parties, this Court allows the compounding of the offence under Section 138 of Negotiable Instrument Act. Consequently, the Judgement of conviction and payment of compensation passed in C.A.Nos. 187 and 188 of 2016 dated 26.04.2017 passed by the learned XVI Additional Sessions Judge, City Civil Court, Chennai confirming the sentence and direction to pay compensation passed in C.C.Nos.897 and 898 of 2011 dated 02.06.2016 passed by the Metropolitan Magistrate, Fast Track Court- III, Saidapet, Chennai are hereby set aside and the accused is set at liberty. 4/6 https://www.mhc.tn.gov.in/judis Crl.RC.Nos.880 and 881 of 2017
5.Accordingly, these Criminal Revisions are allowed. The bail bond if any executed by the petitioner/accused shall stand cancelled. Consequently, the connected miscellaneous petitions are closed.
24.06.2022 Index:Yes/No Web:Yes/No Speaking/Non Speaking To:
1.Learned Fast Track Court No. III Metropolitian Magistrate, Saidapet,
2.Learned XVI Additional Sessions Judge, Chennai.
3.The Public Prosecutor, High Court, Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.RC.Nos.880 and 881 of 2017 SUNDER MOHAN, J.
dk Crl.RC.Nos.880 & 881 of 2017 and C.M.P.Nos.7854 and 7856 of 2022 24.06.2022 6/6 https://www.mhc.tn.gov.in/judis