Crl.R.C.No.768 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21..04..2023

Coram

THE HON'BLE DR JUSTICE G.JAYACHANDRAN

Criminal Revision Case No.768 of 2020

V.Jayabalan

..... Petitioner

-Versus-

K.Roopathy Sudhakar

..... Respondent

Revision filed under Section 397 r/w 401 of the Code of Criminal

Procedure, 1973, praying to call for the records relating to the judgement dated

21.02.2020 made in C.A.No.57 of 2019 by the learned IV Additional District

and Sessions Judge, Thiruvallur at Ponneri, dismissing the appeal and

confirming the judgement and order dated 15.03.2019 made in S.T.C.No.311 of

2011 by the learned Judicial Magistrate, Thiruvottriyur, and set aside the same

by allowing this revision.

For Appellant

: Mr.R.Radha Pandian

For Respondent

: No Appearance

JUDGEMENT

This revision challenges the concurrent finding of conviction for the

offence u/s138 of the Negotiable Instruments Act and sentence imposed thereof

by the courts below.

2. Heard the learned counsel for the revision petitioner. There is no

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representation for the respondent.

3. The learned counsel for the revision petitioner states that pursuant to

the settlement arrived at between the parties in the mediation held on

08.08.2022, the revision petitioner/accused agreed to settle the dispute with the

respondent/complainant by paying a sum of Rs.3,30,000/- (Rupees Three

Lakhs and Thirty Thousand only) and agreed to permit the respondent to

withdraw the sum of Rs.2,60,000/- (Rupees Two Lakhs and Sixty Thousand

only) already deposited into the court and lying in the credit of STC No.311 of

2011 on the fie of the Judicial Magistrate, Thiruvottriyur, and also agreed to

pay the balance sum of Rs.70,000/- (Rupees Seventy Thousand only) within a

period of two months from the date of settlement i.e., 07.02.2023.

Accordingly, a Demand Draft for Rs.70,000/- (Rupees Seventy Thousand only)

was drawn at Indian Overseas Bank, Thiruvottriyur Branch, in favour of the

respondent herein on 29.03.2023.

4. The learned counsel for the revision petitioner submitted that the

Demand Draft has been received by the respondent on 14.04.2023. The copy of

the agreement dated 07.02.2023 has also been furnished which was signed by

the revision petitioner, the respondent and their respective counsel and

presented before the Tamil Nadu Mediation and Conciliation Center on

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Crl.R.C.No.768 of 2020

08.02.2023. Based on that, the mediation center has informed this court that

the parties have arrived at settlement in terms of the compromise.

5. Recording the above facts, this revision petition is disposed of as the

parties have compounded the offence and hence, STC No.311 of 2011 on the

file of the learned Judicial Magistrate, Thiruvottriyur, is closed as

compounded.

21..04..2023

Index

: yes / no

Neutral Citation

: yes / no

Speaking / Non Speaking Order

kmk

To

1.The IV Additional District and Sessions Judge,

Thiruvallur at Ponneri,

Thiruvallur District.

2.The Judicial Magistrate,

Thiruvottriyur,

Thiruvallur District.

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Crl.R.C.No.768 of 2020

DR.G.JAYACHANDRAN.J.,

kmk

Crl.R.C.No.768 of 2020

21..04..2023

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