S.Dharmalingam vs Shanmugam
2021 Latest Caselaw 24731 Mad

                                                                                   Crl.R.C.No.1297 of 2018
                                                                              and Crl.MP.No.12948 of 2021



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 15.12.2021

                                                        CORAM:

                                     THE HON'BLE Ms.JUSTICE R.N.MANJULA

                                                Crl.R.C.No.1297 of 2018
                                                          and
                                                Crl.MP.No.12948 of 2021

                  S.Dharmalingam                                                      ... Petitioner

                                                           Vs.
                  Shanmugam                                                           ... Respondent

                          Criminal Revision Case filed under Sections 397 and 401 Cr.P.C praying
                  to call for the records relating to judgment dated 27.09.2018 passed in
                  C.A.No.17 of 2013 on the file of the II Additional District and Sessions Judge,
                  Salem in confirming order dated 29.01.2013 passed in C.C.No.463 of 2009 on
                  the file of the Judicial Magistrate Court No.II, Salem, set aside the same.


                                   For Petitioner     : Mr.P.Mani
                                   For Respondent     : Mr.P.M.Jayachandran
                                                           ***

                                                    ORDER

The Criminal Miscellaneous Petition has been filed to compound the

case filed against the petitioner/accused for taking criminal action under

Section 138 of Negotiable Instruments Act against the petitioner/accused.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1297 of 2018 and Crl.MP.No.12948 of 2021

2. Both counsels are present before this Court. The Joint Compromise

Memo was filed. Both the parties appeared through video conferencing and

stated that they had understood the terms of compromise and agreed for them.

3. The learned counsel for the respondent/complainant submitted that

the respondent agreed to receive a sum of Rs.1,50,000/- already deposited by

the petitioner to the credit of C.C.No.463 of 2009, on the file of the Judicial

Magistrate Court No.II, Salem and with this payment, the entire cheque

amount can be taken as paid.

4. Hence, the Joint compromise memo is recorded. In view of that, this

case filed for the offence under section 138 of the Negotiable Instruments Act

shall stand compounded. The Petitioner/accused in Crl.R.C.No.1297 of 2018

shall be acquitted in C.C.No.463 of 2009. Fine, if any, paid shall be refunded.

Bail Bonds, if any, executed shall stand cancelled.

5. In the result, this Criminal Revision Case is disposed of as

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1297 of 2018 and Crl.MP.No.12948 of 2021

compounded. The Joint Compromise Memo forms part of the records.

Consequently, connected Crl.M.P.No.12948 of 2021 is closed.

15.12.2021

Index: Yes/No Speaking / Non Speaking Order rpl

1.The II Additional District and Sessions Judge, Salem.

2.The Judicial Magistrate Court No.II, Salem

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1297 of 2018 and Crl.MP.No.12948 of 2021

R.N.MANJULA, J

rpl

Crl.R.C.No.1297 of 2018 and Crl.M.P.No.12948 of 2021

15.12.2021

https://www.mhc.tn.gov.in/judis