Madras High Court
T.Ramesh Kumar vs R.Sakthivel on 27 October, 2021
Crl.R.C(MD)No.908 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.R.C.(MD)No.908 of 2017
T.Ramesh Kumar Petitioner/Respondent/
Sole Accused
Vs.
R.Sakthivel Respondent/Appellant/
Complainant
PRAYER: The Criminal Revision Case is filed under Section 397 r/w 401
of the Code of Criminal Procedure, to call for the records pertaining to the
judgment in Crl.A.No.27 of 2017, on the file of the Additional District and
Sessions Court, Palani, Dindigul District, dated 11.10.2017 in S.T.C.No.15
of 2013, before the Fast Track Court (Judicial Magistrate Level), Palani,
Dindigul District, dated 22.05.2013 and set aside the same.
For Petitioner : Mr.T.Lajapathi Roy
For Respondent : Mr.T.Lenin Kumar
ORDER
This Criminal Revision Case is filed to call for the records
pertaining to the judgment made in Crl.A.No.27 of 2017, on the file of the
Additional District and Sessions Court, Palani, Dindigul District, dated
https://www.mhc.tn.gov.in/judis/
Crl.R.C(MD)No.908 of 2017
11.10.2017, confirming the conviction and sentence passed by the learned
Judicial Magistrate (Fast Track Court Level), Palani in STC No.15 of 2003,
dated 25.02.2013.
2.Heard Mr.T.Lajapathi Roy, learned counsel appearing for the
petitioner and Mr.T.Lenin Kumar, learned counsel appearing for the
respondent.
3.After filing this Criminal Revision, when the same was posted
for enquiry on 28.09.2021, both the revision petitioner and the respondent
filed joint compromise memo, wherein, they have stated that the dispute
having by them are now settled in out of Court. In otherwise, in respect of
payment, there was an agreement made to the effect that the respondent
herein is entitled to receive a sum of Rs.1,50,000/- along with accrued
interest, which is deposited by the petitioner in the account of S.T.C.No.15
of 2013, on the file of the Judicial Magistrate Court (Fast Track Court
Level), Palani.
https://www.mhc.tn.gov.in/judis/
Crl.R.C(MD)No.908 of 2017
4.After receiving the joint compromise memo filed by either
parties, this Court directed them to appear before this Court. In pursuant to
the aforesaid direction, both the parties appeared before this Court in
person. After their appearance, in order to verify their identity, they have
produced the copy of Aadhar card. Further, the counsel appearing on behalf
of them also identified them. Thereafter, the contents of the joint
compromise memo has been read over to them and the same was admitted
by them as correct.
5.In view of the fact that the offence committed by the revision
petitioner is compoundable under Section 147 of Negotiable Instrument
Act, the compromise arrived at between the parties is recorded and
accordingly, the revision petition is allowed by setting aside the conviction
and sentence passed by the appellate Court in Crl.A.No.27 of 2017, dated
11.10.2017. There shall be a direction to the learned Judicial Magistrate
(Fast Track Court Level), Palani to refund the amount of Rs.1,50,000/-
(Rupees One Lakh Fifty Thousand only) which was deposited by the
petitioner in S.T.C.No.15 of 2013, on its file, along with accrued interest, if
any, to the respondent, namely, R.Sakthivel S/o Late P.Ramasamy.
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Crl.R.C(MD)No.908 of 2017
6.With the above direction, this Criminal Revision case is
disposed of.
27.10.2021
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Additional District and Sessions Court, Palani, Dindigul District.
2.The Judicial Magistrate Court,(Fast Track Court Level), Palani.
https://www.mhc.tn.gov.in/judis/
Crl.R.C(MD)No.908 of 2017
R.PONGIAPPAN,J.
vrn
Order made in
Crl.R.C.(MD)No.908 of 2017
27.10.2021
https://www.mhc.tn.gov.in/judis/
