Madras High Court
R.Shobha vs Rajeswari on 1 February, 2021
Crl.R.C.No.12 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2021
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.12 of 2019
R.Shobha
W/o.Ramesh ... Petitioner
Vs.
Rajeswari
W/o.Unnikrishnan ... Respondent
Prayer: Criminal Revision Case filed under Section 397 r/w. Section 401 of the
Criminal Procedure Code to set aside the conviction imposed in the judgment
dated 04.10.2018 made in C.A.No.33 of 2017 on the file of the learned Fourth
Additional District and Sessions Court, Coimbatore which confirmed the
conviction and modified the sentence imposed in the judgment dated
18.01.2017 made in C.C.No.311 of 2015 on the file of the learned Judicial
Magistrate/ Fast Track Court No.2 (Magistrate Level), Coimbatore (Transferred
C.C.No.228 of 2015, Judicial Magistrate No.7, Coimbatore) by allowing this
Criminal Revision Petition.
1/5
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Crl.R.C.No.12 of 2019
For Petitioner : Mr.N.Manokaran
For Respondent : Mr.J.Saravanan
ORDER
This criminal Revision has been filed to set aside the judgment dated
04.10.2018 made in C.A.No.33 of 2017 on the file of the learned Fourth
Additional District and Sessions Court, Coimbatore which confirmed the
conviction and the sentence imposed in the judgment dated 18.01.2017 made
in C.C.No.311 of 2015 on the file of the learned Judicial Magistrate/ Fast Track
Court No.2 (Magistrate Level), Coimbatore (Transferred C.C.No.228 of 2015,
Judicial Magistrate No.7, Coimbatore) by allowing this Criminal Revision
Petition.
2. The petitioner herein was the appellant in C.A.No.33 of 2017 on the
file of the Additional Sessions Court. The petitioner is the accused in
C.C.No.311 of 2015 on the file of the learned Judicial Magistrate/ Fast Track
Court – II (Magistrate Level). After enquiry the Magistrate found guilty of the
petitioner and convicted and sentenced to undergo one year simple
imprisonment and to pay a fine of Rs.2,000/-.
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Crl.R.C.No.12 of 2019
3. Against which the petitioner had filed an appeal before the learned
Principal District and Sessions Judge, Coimbatore and the same was taken on
file in C.A.No.33 of 2017 and made over to the learned IV Additional District
and Sessions Judge, Coimbatore. After hearing the appeal, the learned IV
Additional District and Sessions Judge dismissed the appeal. Against the
dismissal of the appeal in C.A.No.33 of 2017, the petitioner/ accused has filed
the present Revision before this court.
4. During the pendency of this Revision, the parties have settled the
matter and they have also filed a joint memo of compromise. As per the
guidelines of the Hon'ble Supreme Court in the case of Damodar S Prabhu Vs
Sayed Babalal H reported in 2010 (5) SCC 663, if the case is settled before
the High Court, the petitioner has to pay 15% of cheque amount by way of
cost. When the matter came up on 19.01.2021, both the parties have filed a
joint memo of compromise and this court had directed to pay the cost of 15%
of the cheque amount as per the guidelines given in the decision cited supra.
5. Today, when the matter is listed, the counsel for the petitioner has
submitted the memo stating that the petitioner has paid 15% of the cheque
amount as cost. The same is recorded and the Revision is allowed. The order
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Crl.R.C.No.12 of 2019
of conviction and sentence passed against the petitioner is set aside. The joint
memo of compromise filed by both the parties shall form part and parcel of
the order.
01.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/ Non-speaking order
dsa
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Crl.R.C.No.12 of 2019
P.VELMURUGAN.J.,
dsa
Crl.R.C.No.12 of 2019
01.02.2021
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