Crl RC .No.1443 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl RC No.1443 of 2017

M.Kesavan

... Petitioner/Appellant /Accused

Vs.

V.Murugesan

...Respondent/Respondent/Complainant

Prayer : Criminal Revision Petition is filed under Article 227 of the

Constitution of India, to call for the records of the case in C.A.No.4

of 2017 on the file of Principal Session Judge at Namakkal and

examine the legality and propriety of the proceedings and setaside

the conviction dated 01.08.2017 which confirms the conviction

imposed in judgement dated 29.12.2016 made in C.C.No.170 of

2013 on the file of Judicial Magistrate I, Namakkal and direct that

the petitioner may be set at liberty and acquitting him of the

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Crl RC .No.1443 of 2017

charges.

For Petitioner

: No appearance

For Respondent : Mr.R.Nalliyappan

O R D E R

Pursuant to the earlier order passed by this Court, the

petitioner was produced before this Court by the Special Sub-

Inspector of Police, Rasipuram Police station, Namakkal District.

2.

The petitioner and the respondent were present before

this Court. This Court enquired both the petitioner and the

respondent as to whether the matter has been compromised

between them and they stated that the matter has been

compromised and the petitioner has paid the cheque amount to the

respondent. The compromise memo to that effect signed by the

petitioner and the respondent has also been filed before this Court.

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Crl RC .No.1443 of 2017

3.

The petitioner was convicted for an offence under

Section 138 of the Negotiable Instruments Act and was sentenced to

undergo nine months simple imprisonment and to pay a fine of

Rs.5,000/- and in default to undergo three months simple

imprisonment. This conviction and sentence was also confirmed by

the Appellate Court in Crl A No.4 of 2017. Aggrieved by the same,

the present Criminal Revision Petition has been filed before this

Court.

4.

During the pendency of this Criminal Revision Petition,

the parties have reached compromise and a compromise memo has

also been filed before this Court. Both the petitioner and the

respondent categorically stated that the dispute has been amicably

settled and that the offence can be compounded.

5.

In the light of the above, this Court in exercise of its

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Crl RC .No.1443 of 2017

power and jurisdiction under Section 147 of the Negotiable

Instruments Act, 1881, compounds the offence in favour of the

petitioner and accordingly, the judgement and order passed by both

the Court below are hereby setaside.

6.

This Criminal Revision Petition is allowed in the above

terms. No costs.

23.02.2023

Internet

: Yes

Index

: Yes

Speaking Order / Non Speaking Order

rka

To

1. The Principal Session Judge at Namakkal

2. The Judicial Magistrate I, Namakkal

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Crl RC .No.1443 of 2017

N. ANAND VENKATESH, J.

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Crl RC No.1443 of 2017

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