Ragavendra Agencies vs Nivas

Citation : 2021 Latest Caselaw 11300 Mad
Judgement Date : 6 May, 2021

Madras High Court
Ragavendra Agencies vs Nivas on 6 May, 2021
                                                                                  Crl.RC.No.263 of 2021



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 06.05.2021

                                                           CORAM:

                                    THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN

                                                 Crl.R.C.No.263 of 2021
                                                          and
                                                 Crl.M.P.No.5618 of 2021


                  Ragavendra Agencies
                  represented by its Proprietor Arumugam
                  S/o.Gopalakrishnan
                  having office at
                  10/254, Annai Indira Nagar,
                  Periya Bickatty, Hubbathalai, Auvankadu,
                  Coonoor, The Nilgiris.
                                                                                       ... Petitioner
                                                            Vs.
                  1. Nivas
                  2. The Inspector of Police,
                     Coonoor.
                                                                                    ... Respondent


                       Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to
                  set aside the Judgment passed by the learned Sessions Judge, Magalir
                  Neethimandram (Fast Track Court), Udhagamandalam at Nilgiris in
                  Crl.A.No.9 of 2016 dated 17.03.2021 confirming the sentence passed in
                  CC.No.81 of 2014 of the learned Fast Track Magistrate at Coonoor dated
                  31.07.2015.
                                    For Petitioner     :     Mr.R.Gopinath
                                    For Respondents :        Ms.Saradha Devi
                                                             Government Advocate (Crl.Side)
                                                             for R2
https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.RC.No.263 of 2021



                                                          ***
                                                      ORDER

This revision case is directed against the Judgment passed by the learned Sessions Judge/Magalir Neethimandram (Fast Track Court), Udhagamandalam in Crl.A.No.9 of 2016. By the impugned judgment, the Appellate Court has confirmed the judgment passed by the learned Judicial Magistrate, Fast Track Court, Coonoor in C.C.No.81 of 2014. The appellant has been concurrently found guilty for the offence under Section 138 of Negotiable Instruments Act. Thiru. Nivas has filed the present complaint.

2. Thiru. Nivas appeared before this Court through Video-conferencing. He has been duly identified by the learned counsel for the petitioner as well as one Thiru.Vijayakumar. Thiru.Nivas has categorically stated that he has compounded the matter with the accused and that he has no objection for quashing the impugned judgments and for allowing this revision case. Since the parties have resolved the issue between themselves, I am of the view that the impugned judgments can be set aside by recording the compromise between the parties. The compromise memo has been filed before the Court and the same is also taken on record. The complainant Tr.Nivas informed the Court that he has already received the cheque amount from the appellant viz., https://www.mhc.tn.gov.in/judis/ Crl.RC.No.263 of 2021 the revision petitioner herein.

3. In view of the same, the impugned judgments are set aside, the revision case is allowed. Consequently, the connected miscellaneous petition is closed.

06.05.2021 Index: Yes/No Speaking / Non Speaking Order lpp/rm To

1.The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Udhagamandalam, The Nilgiris.

2. The Judicial Magistrate, Fast Track Court, Coonoor.

3.The Inspector of Police, Coonoor.

4.The Public Prosecutor, High Court of Madras, Madras. https://www.mhc.tn.gov.in/judis/ Crl.RC.No.263 of 2021 G.R.SWAMINATHAN, J lpp/rm Crl.R.C.No.263 of 2021 and Crl.MP.No.5618 of 2021 06.05.2021 https://www.mhc.tn.gov.in/judis/