BAIL SLIP

The 2^nd Petitioner/2^nd Accused namely Syed aged about 45

years S/o Saida, Executive Partner, S.S.S.Egg Traders, No.

3/204, Paramathi Road, Poyerikari, Namakkal on his behalf and

also on behalf of 1^st Petitioner Company namely S.S.S.Egg

Traders, No.524, SIDCO Estate, Podhupatti Colony, Paramathi

Road, Namakkal was directed to be relased on bail by order of

this Court dated 13.09.2019 made in Crl.R.C.No.1179/2017 and

Crl.M.P.No.11284/2017.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.R.C.No.1179 of 2017

1. S.S.S.Egg Traders

No.524, SIDCO Estate,

Podhupatti Colony,

Paramathi Road, Namakkal.

2. Syed S/o Saida

Executive Partner

S.S.S.Egg Traders,

No. 3/204, Paramathi Road,

Poyerikari, Namakkal.

...Petitioners/Accused 1,2

Vs.

SVT Traders by its owner J. Thirunavukarsu

S/o Jeganathan

No.4.120/10, Bus stop near

Salem Road, Namakkal District.

...Respondent/Complainant

PRAYER: Criminal Revision Petition filed under Sections 397

and 401 of Cr.P.C, to call for the records pertaining to the

judgement dated 25.7.2017 passed in C.A.No.5 of 2017 by the

Principal Sessions Judge, Namakkal, confirming the judgement,

against the appellant herein, dated 29.12.2016 passed in

C.C.No.134 of 2012 by the Judicial Magistrate No.1, Namakkal,

set aside the same, allow this petition.

For Petitioners

:

Mr.C.D.Sugumar

For Respondent

:

Mr.G.Mohan

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioners are accused under Section 138 of the

Negotiable Instruments Act in C.C.No.134 of 2012. The trial

Court, by judgment dated 29.12.2016, found the petitioners'

guilty, convicted them and sentenced them to undergo nine

months simple imprisonment and to pay a fine of Rs.5,000/-

each, in default, to undergo simple imprisonment for four

months in further. Aggrieved against the same, the petitioners

filed an appeal before the Principal Sessions Judge, Namakkal,

in C.A.No.5 of 2017. The lower appellate Court by its judgment

dated 25.07.2017 dismissed the appeal confirming the

conviction and sentence imposed by the trial Court. Against

which, the present revision.

2.Counsel for the petitioners/accused present today and

submitted that the cheque amount, in the case, is at

Rs.6,70,227/-.

After

some

negotiations,

the

respondent/complainant, came to know about the present status

of the petitioners and also the petitioners suffered huge loss

and it is only a business transaction, agreed to settle the

issue between them, by receiving a sum of Rs.6,00,000/- as

compromise amount. In this compromise a amount, Rs.4,00,000/-

paid by way of Demand Draft bearing No.244943 dated 15.02.2022

drawn on the Catholic Syrian Bank, Namakkal branch. Further,

submitted that the petitioners have no objection for the

respondent/complainant, to receive back the deposit amount of

Rs.2,00,000/- which is deposited to the credit of C.C.No.134

of 2012 before the Judicial Magistrate No.1, Namakkal. In

pursuant to the order passed by this Court in Crl.M.P.No.11284

of 2017 dated 13.09.2017, the petitioners have got no

objection for the same.

3.The learned counsel for the respondent/complainant is

also present today. He agrees for the said compromise and also

acknowledged the receipt of the Demand Draft for a sum of

Rs.4,00,000/- and shortly, to file a petition to seek return

of Rs.2,00,000/-, which is deposited to the credit of

C.C.No.134 of 2012.

4.In view of the same, this criminal revision petition is

allowed by setting aside the judgment dated 25.07.2017 passed

in C.A.No.05 of 2017 by the Principal Sessions Judge,

Namakkal, confirming the judgment dated 29.12.2016 passed in

C.C.No.134 of 2012 on the file of the Judicial Magistrate

No.1, Namakkal. The trial Court to return Rs.2,00,000/- which

is

credited

in

C.C.No.134

of

2012,

to

the

respondent/complainant on