T.Selvakumar vs S.Sathyabalan
2022 Latest Caselaw 85 Mad

                                                                                      Crl.R.C.No.466 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 03.01.2022

                                           CORAM :
                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                    Crl.R.C.No.466 of 2014

                T.Selvakumar                                                               .. Petitioner

                                                           Versus

                S.Sathyabalan                                             .. Respondent


                Prayer : Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C.,
                to set aside the order of conviction and sentence of six months of imprisonment
                to the petitioner/accused and for payment of compensation, a sum of
                Rs.8,50,000/- under Section 357(3) Cr.P.C to the respondent within a period of
                one month passed in C.C.No.204 of 2011 on the file of the learned VII
                Metropolitan Magistrate, George Town, Chennai – 600001, dated 11.03.2013 as
                confirmed by the order, dated 21.04.2014 passed in C.A.No.79 of 2013 on the
                file of the learned V Additional Sessions Court, Chennai.

                                   For Petitioner      : Mr.R.Rajan

                                   For Respondent      : Mr.D.Ferdinand

                                                        ORDER

This Criminal Revision is filed by the petitioner/accused, aggrieved by the

conviction for an offence under Section 138 of Negotiable Instruments Act.

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

Crl.R.C.No.466 of 2014

2. Today, when the matter came up for hearing, the petitioner/accused and

the respondent/complainant also present through virtual mode and a joint memo

of compromise was filed by the parties.

3. The respondent/complainant also confirmed the compromise

memorandum, but, however submitted that a sum of Rs.1,50,000/-, which is

deposited by the petitioner/accused is lying to the credit of C.C.No.204 of 2011

on the file of the learned VII Metropolitan Magistrate, George Town, Chennai,

and only after receipt of the same, his entire sum is made good and therefore,

prayed this Court to return the amount to him directly.

4. In view of the joint memo of compromise filed by the parties, this

Criminal Revision is allowed on the following terms:

(i) The judgment of the learned VII Metropolitan Magistrate, George

Town, Chennai – 600001, in C.C.No.204 of 2011, dated 11.03.2013 and the

judgment of the learned V Additional Sessions Judge, Chennai, in C.A.No.79 of

2013. dated 21.04.2014 are set aside;

(ii) The offence stands compounded;

(iii) The respondent/complainant, namely S.Sathyabalan, is permitted to

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

Crl.R.C.No.466 of 2014

withdraw the sum of Rs.1,50,000/-, deposited by the petitioner/accused and lying

to the credit of C.C.No.204 of 2011 on the file of the learned VII Metropolitan

Magistrate, George Town, Chennai, along with accrued interest, if any.

03.01.2022

Index : yes/no Speaking order grs

To

1.The V Additional Sessions Judge, Chennai.

2.The VII Metropolitan Magistrate, George Town, Chennai – 600001.

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

Crl.R.C.No.466 of 2014

D.BHARATHA CHAKRAVARTHY, J.

grs

Crl.R.C.No.466 of 2014

03.01.2022

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