E.P.Ramasamy vs S.M.Jainnulabdeen on 26 June, 2019

[Cites 2, Cited by 0]

Madras High Court

E.P.Ramasamy vs S.M.Jainnulabdeen on 26 June, 2019

Bench: G.R.Swaminathan

                                                               1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 26.06.2019

                                                       CORAM:

                          THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                              Crl.R.C.(MD)No.796 of 2013


                   1. E.P.Ramasamy

                   2. The Principal E.P.Ramasamy,
                      S/o.Palanimuthu Naicker,
                      Indian Matriculation School,
                      Tittagudi,
                      Cuddalore District.                               .. Petitioners/Appellants/
                                                                            Accused

                                                           Vs.

                   S.M.Jainnulabdeen                                   .. Respondent/Respondent/
                                                                            Complainant

                                 Prayer : This Criminal Revision petition is filed under
                   Section 397 r/w 401 of Cr.P.C., to reverse and set aside the
                   order/Judgment dated 19.09.2013 passed in C.A.No.132 of 2012
                   on      the    file   of   the    learned       I   Additional   District   Judge,
                   Tiruchirappalli, in confirming the order in C.C.No.596 of 2005 on
                   the file of the learned Judicial Magistrte No.I, Tiruchirappalli,
                   dated 05.10.2010, as illegal.
                                          For Petitioners : Mr.S.Ramesh,
                                                            for Mr.V.Raghavachari.
                                          For Respondent : Mr.R.Sundar

                                                               ***


http://www.judis.nic.in
                                                     2

                                                   ORDER

The petitioners herein were found guilty of the offence under Section 138 of the Negotiable Instruments Act, by the Courts below. The first petitioner was sentenced to two years Simple Imprisonment.

2. When the Revision case was taken up for hearing, the learned counsel appearing for the petitioners submitted that the petitioners would remit the cheque amount of Rs.2 Lakhs to the credit of C.C.No.596 of 2005 on the file of the learned Judicial Magistrate No.1, Tiruchirappalli so that the same can be withdrawn by the complainant later. The petitioners' counsel states that the compensation amount will be paid within a period of four months from the date of receipt of a copy of this order.

3. Recording the said undertaking given by the petitioners, the sentence imposed on the petitioners would stand set aside. If the petitioners fail to adhere to the undertaking given before this Court, the sentence imposed on the petitioners would stand automatically restored.

http://www.judis.nic.in 3

4. With this modification, the Criminal Revision stands partly allowed. No costs.


                                                                      26.06.2019

                   Index    : Yes/No
                   Internet : Yes/No
                   pmu



                   To

1. The I Additional District Judge, Tiruchirappalli.

2. The Judicial Magistrte No.I, Tiruchirappalli.

3. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in 4 G.R.SWAMINATHAN, J.

pmu Crl. R.C.(MD)No.796 of 2011 26.06.2019 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court