Ramamoorthy vs N.Mohamed Hussain
2021 Latest Caselaw 13153 Mad

                                                                           CRL.A.(MD)No.475 of 2016

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 05.07.2021

                                                        CORAM

                       THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                CRL.A.(MD)No.475 of 2016

                     Ramamoorthy                                        : Appellant

                                                          Vs.


                     N.Mohamed Hussain                                  : Respondent


                     PRAYER: Criminal Appeal filed under Section 372 of Criminal Procedure

                     Code, to set aside the order in Crl.A.No.15 of 2012, dated 07.08.2015 on

                     the file of the learned Sessions Judge, Sivagangai, modifying the judgment,

                     dated 16.02.2012 in C.C.No.384 of 2001 on the file of the learned Judicial

                     Magistrate, Karaikudi.


                               For Appellant          :Mr.A.K.Hemaraj

                               For Respondent         :Mr.V.S.Kumaraguru

                                                          ***




https://www.mhc.tn.gov.in/judis/
                                                                             CRL.A.(MD)No.475 of 2016



                                                       JUDGMENT

When the case came up for hearing on 05.07.2021, Mr.A.K.Hemaraj,

learned Counsel for the appellant submitted that the appellant had settled

the matter with the respondent. The appellant had also received the amount

in full. Therefore, the appeal may be dismissed and the sentence imposed

by the learned Trial Judge may be set aside. Mr.V.S.Kumaraguru, learned

Counsel for the respondent also submitted that the appellant had received

the amount in full. Therefore, this Court directed the both parties and their

Counsels to appear before the learned Registrar (Judicial) of this Bench

along with joint compromise memo along with the proof of identity of the

petitioner and respondent.

2.Accordingly, both the appellant and the respondent along with their

respective Counsels appeared before the learned Registrar (Judicial) of this

Bench, today (05.07.2021). They filed joint compromise memo, dated

05.07.2021, duly signed by both the appellant and respondent as well as

their respective Counsels by attaching the identities of the parties. The

Registrar (Judicial) of this Bench had recorded the Joint Compromise

Memo.

https://www.mhc.tn.gov.in/judis/ CRL.A.(MD)No.475 of 2016

3.Therefore, the appeal is disposed of and the judgment of conviction

and order of sentence imposed on the accused/respondent herein in C.C.No.

384 of 2001 passed by the learned Principal District Munsif-cum-Judicial

Magistrate, Karaikudi, is set aside. The accused/respondent herein is

acquitted from the charges under Section 235 Cr.P.C. The Joint

Compromise Memo, dated 05.07.2021, shall form part of this judgment.

05.07.2021

Index: Yes/No cmr

To

Copy of this order to be sent to

1.The Principal District and Sessions Judge, Sivagangai.

2.The Chief Judicial Magistrate, Sivagangai.

3.The Principal District Munsif-cum- Judicial Magistrate, Karaikudi.

for follow up action.

https://www.mhc.tn.gov.in/judis/ CRL.A.(MD)No.475 of 2016

SATHI KUMAR SUKUMARA KURUP, J.

cmr

Judgment made in CRL.A.(MD)No.475 of 2016

05.07.2021

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