Madras High Court
D.Mohan vs J.Dayanithi on 23 July, 2021
Crl.R.C.No.79 of 2021 and
Crl.M.P.No.1523 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.79 of 2021 and
Crl.M.P.No.1523 of 2021
D.Mohan ...Petitioner
Vs.
J.Dayanithi ...Respondent
The Criminal Revisions filed under Section 397 read with 401 of
Code of Criminal Procedure seeking to call for the records relating to the
order of conviction and sentence passed by the learned Metropolitan
Magistrate Fast Track Court No.2, Egmore, Allikulam, Chennai, made in
C.C.No.2801 of 2011 dated 17.11.2017 and as confirmed by the judgment
dated 21.01.2021 made in C.A.No.393 of 2017 by the learned XVIII
Additional Sessions Judge, City Civil Court, Chennai, and set aside the
same.
For Petitioner : Mr.Malarvannan
For Respondent : Mr.P.Sivamani
1/4
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.79 of 2021 and
Crl.M.P.No.1523 of 2021
ORDER
This criminal revision is preferred against two concurrent judgments
of the Courts below convicting the petitioner for offence under Section 138
of Negotiable Instruments Act and sentencing him to undergo simple
imprisonment for a period of one year and to pay a sum of Rs.8,75,000/- as
compensation under Section 357 Cr.P.C. in default, to undergo simple
imprisonment for a further period of three months.
2 When the matter is called both the learned counsel for the
petitioner as well as the respondent informed that a settlement has been
reached between the parties. A joint memo of compromise has also been
filed by the petitioner/accused informing that the matter has been
compromised between him and the respondent/complainant and this Court
may set aside the conviction rendered by the trial Court in C.C.No.2801 of
2011 dated 17.11.2017 and as confirmed by the judgment dated 21.01.2021
made in C.A.No.393 of 2017 by the learned XVIII Additional Sessions
Judge, City Civil Court, Chennai,
3 Taking into consideration the joint memo of compromise filed
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.79 of 2021 and
Crl.M.P.No.1523 of 2021
by the petitioner/accused and the respondent/complainant, this Court
records compounding of offence under Section 138 of the Negotiable
Instrument Act. This Criminal Revision Case shall stand allowed and the
offence under Section 138 of Negotiable Instruments Act tried in
C.C.No.2801 of 2011, on the file of the learned Metropolitan Magistrate
Fast Track Court No.II, Egmore, Allikulam, Chennai, shall stand
compounded. According to Section 320(8) Cr.P.C., the petitioner/accused
shall stand acquitted of all charges against him. Fine amount, if any, paid by
the petitioner shall be refunded to him. Consequently connected
miscellaneous petition is closed.
23.07.2021
Index : Yes/No
cgi
To
1. The Metropolitan Magistrate Fast Track Court No.2, Egmore,
Allikulam, Chennai,
2. The XVIII Additional Sessions Judge, City Civil Court, Chennai,
P.VELMURUGAN, J.,
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.79 of 2021 and
Crl.M.P.No.1523 of 2021
cgi
Crl.R.C.No.79 of 2021 and
Crl.M.P.No.1523 of 2021
23.07.2021
https://www.mhc.tn.gov.in/judis/
