M.Venkatesan vs Sadaiyappan
2022 Latest Caselaw 8305 Mad

                                                                            Crl.R.C.No.77 of 2018

                                  IN THE HIGH COURT OF JUDICIATURE AT MADRAS

                                                 DATED: 20.04.2022

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR

                                               Crl.R.C.No.77 of 2018

                  M.Venkatesan
                  S/o.Muniyappan                               ... Revision Petitioner/Accused
                                                      versus

                  Sadaiyappan                                  ... Respondent/Complainant

                  Prayer: Criminal Revision filed under Section 397 r/w.Section 401 of Code
                  of Criminal Procedure, to call for the records on the file of the learned II
                  Additional District and Sessions Judge, Salem, Salem District in Crl.A.No.35
                  of 2017 dated 20.11.2017 and conforming the judgment passed in
                  S.T.C.No.385/2015 on the file of the learned Judicial Magistrate No.VI,
                  Salem, Salem District dated 10.03.2017 and set aside the judgment dated
                  20.11.2017.

                                         For Petitioner   :    Mr.E.Kannadasan
                                         For Respondent   :    Mr.L.Mouli
                                                               Legal Aid Counsel




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.No.77 of 2018

                                                       ORDER

This Criminal Revision Petition has been filed to set aside the

judgment of conviction and sentence dated 20.11.2017 made in Crl.A.No.35

of 2017 on the file of the II Additional District and Sessions Judge, Salem,

Salem District, confirming the judgment passed in S.T.C.No.385/2015 on the

file of the learned Judicial Magistrate No.VI, Salem, Salem District dated

10.03.2017.

2. Today, when this Criminal Revision came up for hearing, both

the revision petitioner/accused and the respondent/complainant have

appeared before this Court along with their respective counsels.

3. The respondent/complainant admitted the receipt of

Rs.1,00,000/- over and above the cheque amount by way of a Demand Draft

bearing No.289147 dated 19.04.2022 drawn on Indian Bank, Attur Branch.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.77 of 2018

Further, it is submitted that a petition under Section 147 of the Negotiable

Instruments Act has been filed to compound the offence.

4. Section 147 of the Negotiable Instruments Act empowers this

Court to compound the offence, which registered under Section 138 of the

Negotiable Instruments Act.

5. Hence, recording the above said submission, this Criminal

Revision Case is allowed. The judgment of conviction and sentence passed

by the Courts below are set aside and the revision petitioner is acquitted of

the charge under Section 138 of the Negotiable Instruments Act.

20.04.2022 rsi Index: Yes/No Internet : Yes/No

https://www.mhc.tn.gov.in/judis Crl.R.C.No.77 of 2018

M. NIRMAL KUMAR, J.

rsi

To

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

2.The Judicial Magistrate No.VI, Salem, Salem District.

Crl.R.C.No.77 of 2018

20.04.2022

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