Crl.RC.No.324 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl.R.C.No.324 of 2018

R.Senthil

...Petitioner/Appellant/Accused

.Vs.

Chandran

... Respondent/Respondent/ Complainant/

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

Procedure, to set aside the conviction and sentence imposed by the learned Judicial

Magistrate-cum-Fast Track Court, Tiruchengode in S.T.C.No.221 of 2017 dt.15.02.2017

and confirming the conviction and sentence order passed in Crl. Appeal No.11 of 2017

dated 09.01.2018, on the file of the Principal Sessions Judge, Namakkal.

For Petitioner

Mr.Saikrishnan

For Respondent

C.S.Saravanan

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Crl.RC.No.324 of 2018

ORDER

This criminal revision case was filed against the judgment and order passed by

the learned Principal Sessions Judge, Namakkal in Crl.A.No.11 of 2017, dated

09.01.2018, dismissing the appeal and confirming the judgment and order passed by

the learned Judicial Magistrate, Fast Track Court, Tiruchengode in STC No.221 of 2016,

dated 15.02.2017, convicting the petitioner for offence u/s.138 of the Negotiable

Instruments Act, 1881 and sentencing him to undergo six months simple imprisonment

and to pay a fine of Rs.5,000/- and in default, to undergo, one month simple

imprisonment.

2.

When the matter came up for final hearing on 16.03.2023, the learned

counsel submitted that the petitioner is willing to pay the entire cheque amount to the

respondent and amicably settle the dispute. Recording the same, the learned counsel

on either side were directed to take instructions and report compromise before this

Court.

3.

The matter was listed for hearing on 23.03.2023. However, due to

change in the sitting arrangements, the matter was not able to be listed on

23.03.2023. It was brought to the notice of this Court that both the parties were

present on 23.03.2023, along with a joint compromise memo. The said submission

made by the counsel appearing on either side is recorded.

4.A Joint compromise memo has been filed by the parties and the relevant

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Crl.RC.No.324 of 2018

portions in the joint compromise memo are extracted hereunder:

“3) It is respectfully submitted that by the order dated

16/3/2018 in Cri.M.P.No.3937/2018 in the above Crl.Rc.No:324 of

2018, this Hon'ble court has directed the petitioner to deposit 50%

of the cheque amount before the Hon'ble Judicial Magistrate cum

Fast Track court, Tiruchengode and in due compliance of the

same, the petitioner has deposited a sum of Rs.1,00,000/-.

4) It is respectfully submitted that as mentioned in the

complaint the petitioner and the respondents are friends for 5

years. Due to some misunderstanding between them the complaint

was filed and now during the pendency of the above criminal

revision petition the parties above mentioned have settled their

dispute and are ready for settlement.

5) The respondent shall be entitled to withdraw the said sum

of Rs.1,00,000/- in court deposit and the petitioner has no

objection for the withdrawal of Rs 1,00,000/- by the respondent

which is deposited before the Hon'ble Judicial Magistrate cum

Fast Track court, Tiruchengode.

6.The petitioner has on this day paid a sum of Rs.1,00,000/-

(Rupees One Lakh Only) by way of D.D.dated 23.03.2023 Drawn on

the South Indian Bank Ltd., bearing number "665886" issued by

the Petitioner favouring the respondent and the receipt of the same

is hereby acknowledged by the respondent/complainant in full and

final settlement all his claims as against the petitioner in respect of

the above complaint in S.T.C.No.221 of 2016.

7) It is therefore prayed that this Hon'ble Court may be

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Crl.RC.No.324 of 2018

pleased to record this Joint compromise memo filed