T. Jothiraj vs T. Ashokkumar
2021 Latest Caselaw 4273 Mad

                                                           1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 18.02.2021

                                                       CORAM :

                                 THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                            Crl.RC(MD)No. 262 of 2016

                   T. Jothiraj                        ...Petitioner/Appellant/Accused


                                                          Vs.


                   T. Ashokkumar                     ... Respondent/Respondent/Complainant


                   PRAYER: Criminal Revision filed under Section 397 r/w 401 of the
                   Criminal Procedure Code, to call for the records to the Judgment, dated
                   30.03.2016 in C.A. No. 8 of 2015 passed by the learned Fast Track Mahila
                   Court, Karur, which confirmed the Judgment of conviction and modified the
                   sentence passed by the Fast Track Court (Magistrate Level), Karur, in
                   C.C. No. 463 of 2013, dated 22.01.2015 and set aside the same.


                                 For Petitioner      : Mr.M. Arumugam for
                                                      Mr.B. Rajesh Saravanan

                                 For Respondent      : Mr.B. Saravanan

                                                        *****




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                                                     ORDER

This Criminal Revision Case is filed by the petitioner to set aside the

Judgment, dated 30.03.2016 in C.A. No. 8 of 2015 passed by the learned Fast

Track Mahila Court, Karur, which confirmed the Judgment of conviction and

modified the sentence passed by the Fast Track Court (Magistrate Level),

Karur in C.C. No. 463 of 2013, dated 22.01.2015.

2. The revision petitioner was tried for the offence under Section 138

of Cr.P.C before the learned Judicial Magistrate, Fast Track Court,

(Magistrate Level), Karur and the trial Court, in conclusion of the trial, found

him guilty, convicted and sentenced to undergo simple imprisonment for five

months and to pay a fine of Rs.2,000/-, in default, to undergo simple

imprisonment for 30 days for the offence he was stood charged. The

petitioner preferred an appeal before the Court of Sessions and the same was

taken in C.A.No.8 of 2015 and was partly allowed by order, dated 30.03.2016

by the learned Sessions Judge, Karur, modifying the conviction and sentence

imposed by the trial Court. Aggrieved by the orders of the Courts below, the

petitioner has preferred this revision case.

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3. When the matter is taken up today, the learned Counsel for the

petitioner submitted that steps have been taken and the issue has been solved

amicably and the petitioner has also paid the entire cheque amount to the

respondent/complainant. In this regard, the learned Counsel has also filed

Joint Compromise Memo, dated 18.02.2021, signed by both the petitioner

and the respondent, as well as their respective Counsel.

4. The revision petitioner as well as the respondent / complainant are

present before this Court today. The respondent/complainant affirmed the

submission made by the learned Counsel for the petitioner as well as the

Joint Compromise Memo, dated 18.02.2021. The respondent/complainant

further submitted that he received the entire Cheque amount and he is not

interested in prosecuting the case any further. The identity of the

respondent/complainant is verified through the Aadhar Card, produced by

him.

5. In view of the subsequent developments taken place and in view of

the joint compromise memo dated 18.02.2021, this Court set aside the

conviction and sentence, dated 30.03.2016 in C.A. No. 8 of 2015 passed by

the learned Fast Track Mahila Court, Karur, which modified the Judgment of http://www.judis.nic.in

conviction and sentence passed by the Fast Track Court (Magistrate Level),

Karur, in C.C. No. 463 of 2013, dated 22.01.2015.

6. In fine, this Criminal Revision Case is allowed and the petitioner is

acquitted of the charge framed against him. Fine amount, if any paid, shall be

refunded. Bail bonds, if any executed, shall stand terminated.

                   Index        :Yes/No                                             18.02.2021
                   Internet     :Yes/No
                   ksa

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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To

1. The Sessions Judge, Fast Track Mahila Court, Karur.

2. The Fast Track Court (Magistrate Level), Karur.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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S.ANANTHI, J.

ksa

Order made in Crl.RC(MD)No.262 of 2016

18.02.2021

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