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2021 Supreme(Mad) 2764

R.SUBBIAH, C.SARAVANAN
M. Siva Perumal – Appellant
Versus
S. Kamalanathan – Respondent


Advocates Appeared:
For the Petitioner:Mr. R. Shanmuga Sundaram, Senior Counsel for Mr. V. Srinivasa Babu, Mr. Vijay Narayan, Senior Counsel / Advocate General (assisted the Court).

ORDER :

R. Subbiah, J.

This Crl.M.P.S.R.No.63240 of 2019 in Crl.A.No.373 of 2015 is filed under Section 482 of the Code of Criminal Procedure Code, 1973, (for short, Cr.P.C) praying to compound the offence under Section 147 of The Negotiable Instruments Act, (for short, N.I. Act) read with Section 320 Cr.P.C. between the petitioner and the respondent, based on Joint Memo of Compromise, dated 12.12.2019, entered into between the petitioner and the respondent and set the respondent/accused at liberty by recalling the warrant in Criminal Appeal No.373 of 2015 ordered on 09.04.2019.

2.(a). By judgment dated 11.04.2014, the respondent herein was convicted in C.C.No.104 of 2013 by the learned Judicial Magistrate (Fast Track Court), Omalur, (trial Court) for the offence under Section 138 of The Negotiable Instruments Act and sentenced to undergo one year simple imprisonment, together with compensation of Rs.5,00,000/- payable to the complainant.

(b) Assailing the said judgment of conviction, dated 11.04.2014, passed by the trial Court, the respondent (accused) filed Criminal Appeal No.56 of 2014 before the learned II Additional Sessions Judge, Salem. The Appellate Court allowed the appeal on

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