V. Krishnamurthy vs A. Palanisamy
2021 Latest Caselaw 14087 Mad

                                                                                   Crl.R.C.No.567 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 14.07.2021

                                                            CORAM:

                            THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                  Crl.R.C.No.567 of 2017
                                                           and
                                      Crl.M.P.Nos.4398 & 8037 of 2018 & 2044 of 2017

                     V. Krishnamurthy                                                  .. Petitioner


                                                              Vs.

                     A. Palanisamy                                                     .. Respondent


                     PRAYER : Petition filed under Section 397 read with 401 of the Criminal
                     Procedure Code, against the judgment dated 18.01.2017 passed in
                     C.A.No.54/2016 by the learned II Additional District and Sessions Judge,
                     Salem confirming the judgment of conviction and sentence passed in
                     STC.No.368/2012 dated 17.03.2016 by the learned Judicial Magistrate
                     No.5, Salem.

                                           For Petitioner     : Mr.U. Chandramohan

                                           For Respondent     : Mr.S. Ayya durai




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https://www.mhc.tn.gov.in/judis/
                                                                                         Crl.R.C.No.567 of 2017



                                                           ORDER

The matter is heard through "Video Conference".

2. This criminal revision is filed against the judgment dated

18.01.2017 passed in C.A.No.54/2016 by the learned II Additional District

and Sessions Judge, Salem confirming the judgment of conviction and

sentence passed in STC.No.36/2012 dated 17.03.2016 by the learned

Judicial Magistrate No.5, Salem.

3. A joint memo of compromise is filed and the amount disputed

between the parties have been settled. The memo of compromise filed by

the parties, signed by the respective counsel is recorded.

4. It is submitted that at the time of admission of

Crl.R.C.No.567/2017, conditional order was passed for depositing

Rs.75,000/- and the same was deposited and the balance amount of

Rs.75,000/- have paid by way of Demand Draft. The entire payment has

been acknowledged by the complainant in S.T.C.No.368/2012.

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.567 of 2017

5. In view of the compromise, the respondent herein is permitted

to withdraw Rs.1,50,000/- which was deposited by the petitioner before the

trial Court. Accordingly, the criminal revision petition is allowed and the

conviction and sentence imposed by the learned Judicial Magistrate in

S.T.C.No.368/2012 is set aside. Consequently, connected miscellaneous

petitions are closed.

                                                                                      14.07.2021

                     AT
                     Index          :Yes/No
                     Internet       :Yes/No

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.567 of 2017

RMT.TEEKAA RAMAN,J.,

AT

To

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

2.The Judicial Magistrate No.5, Salem.

3.The Public Prosecutor, High Court of Madras.

Crl.R.C.No.567 of 2017 and Crl.M.P.Nos.4398 & 8037 of 2018 & 2044 of 2017

14.07.2021

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