Supreme Court - Daily Orders
K.K.Ramalingam vs Erode Azagu Meenakshi Chit Funds Ltd. on 20 February, 2015
Bench: J. Chelameswar, Rohinton Fali Nariman
ITEM NO.204 COURT NO.7 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1994/2012
(Arising out of impugned final judgment and order dated 22/01/2011
in CRLRC No. 955/2005 passed by the High Court Of Madras)
K.K.RAMALINGAM Petitioner(s)
VERSUS
ERODE AZAGU MEENAKSHI CHIT FUNDS LTD. Respondent(s)
(with office report)
(For Final Disposal)
Date : 20/02/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s)
Mr. K. K. Mani,Adv.
Ms. T. Archana, Adv.
For Respondent(s) Ms. Mahalakshmi Pavani, Adv.
Mr. G. Balaji, Adv.
Ms. Athira G. Nair, Adv.
M/s. Mahalakshmi Balaji & Co.,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed order.
(DEEPAK MANSUKHANI) (INDU BALA KAPUR)
COURT MASTER COURT MASTER
(Signed order is placed on the file) Signature Not Verified Digitally signed by Deepak Mansukhani Date: 2015.02.25 17:27:11 IST Reason: IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 344 OF 2015 (Arising out of SLP(Crl.) No(s). 1994 of 2012) K.K.RAMALINGAM Appellant(s) VERSUS ERODE AZAGU MEENAKSHI CHIT FUNDS LTD. Respondent(s) O R D E R Leave granted.
The present appeal arises out of a conviction under Section 138 of the Negotiable Instruments Act, 1881. A cheque dated 14th March, 2001 issued by the appellant was returned for want of sufficient funds. Based on the aforesaid, the requisite statutory notice was issued and complaint filed before the learned Judicial Magistrate No. 1, Erode being CC No. 79 of 2002. By a judgment dated 22nd February, 2005 passed by the learned Judicial Magistrate Court No. 1, Erode, the appellant was found guilty of the said offence and sentenced to imprisonment of one year. Aggrieved by the said order, the appellant preferred an appeal before the learned Additional Sessions Judge, Erode and the same was dismissed by an order dated 31st May, 2005.
Against this judgment, Criminal R.C. No. 955 of 2005 was disposed of by the impugned judgment finding the appellant guilty but reducing the sentence to six months.
-2-By the Order of this Court dated 13th January, 2012, the appellant was ordered to deposit Rs. 1 lakh within six weeks as a condition for exemption from surrender. Vide a second Order dated 2nd March, 2012, this Court stayed further proceedings on condition that the appellant shall deposit a further sum of Rs. 1 Lakh before the trial Court within a period of six weeks.
We have been informed by learned counsel for the parties that in total, a sum of Rs. 3 lakhs has been deposited and now paid over to the respondent before us. As a result, the respondent is no longer interested in prosecuting the appellant and asks us to compound the offence, which we do under Section 147 of the Negotiable Instruments Act, 1881.
As a result, we set aside the judgments of the Courts below and declare that the offence stands compounded as Rs. 3 lakhs have now been paid to the respondent.
The appeal stands disposed of in the aforesaid terms.
…........................J. (J. CHELAMESWAR) ….......................J. (ROHINTON FALI NARIMAN) NEW DELHI FEBRUARY 20, 2015.