M.Shakilabanu vs K.Subramaniam
2022 Latest Caselaw 10398 Mad

                                                                                  Crl.R.C.No.353 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 16.06.2022

                                                       CORAM :

                     THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               Crl.R.C.No.353 of 2022
                                                         and
                                          Crl.M.P.Nos. 3679 & 3682 of 2022


           M.Shakilabanu                                                     ... Appellant

                                                        Versus
           K.Subramaniam                                                     ... Respondent


           Prayer : Criminal Revision Petition filed u/s. 397 read with 401 of Cr.P.C to set

            aside the judgment and conviction dated 05.12.2017 made in C.A.No.103 of 2017

            on the file of II Additional District Sessions Judge at Erode confirming the judgment

            and conviction dated 01.12.2016 made in S.T.C.No.389 of 2014 on the file of the

            Judicial Magistrate FTC No.I, Erode District.


                                      For Appellant    : Mr.C.Saravanan

                                      For Respondent   : Mr.K.Subramaniam

                                                        *****




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                                                                                     Crl.R.C.No.353 of 2022




                                                   JUDGMENT

This Criminal Revision petition is filed by the petitioner to set aside the

judgment of conviction and sentence for the offence under section 138 of Negotiable

Instruments Act made in C.A.No.103 of 2017 dated 05.12.2017 on the file of II

Additional District Sessions Judge at Erode confirming the judgment of conviction

and sentence dated 01.12.2016 made in S.T.C.No.389 of 2014 on the file of the

Judicial Magistrate FTC No.I, Erode District.

2. When the matter came up for hearing, both side counsels were present

and had stated that a Joint Compromise Memo has also been filed, wherein, it is

averred that the accused has paid the disputed amount to the complainant and the

same has been accepted by the complainant in full quit and further the complainant

is willing to drop the entire criminal proceeding.

3.In that view of the matter, this Criminal Revision petition is allowed on the

following terms:-

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

Crl.R.C.No.353 of 2022

(i)The conviction and sentence imposed on the petitioner by the judgement

dated 01.12.2016 made in S.T.C.No.89 of 2014 by the learned Judicial Magistrate

(Fast Track Court) confirmed by II Additional Sessions Judge at Erode and

confirmed by the II Additional Sessions Judge at Erode dated 05.12.2017 are set

aside.

(ii) Accordingly this Criminal Revision petition is allowed and the Connected

Miscellaneous Petitions are closed and the offence under section 138 of Negotiable

Instruments Act is treated as compounded.

16.06.2022

Index : yes/no Speaking order/Non-speaking order sma

To

1. II Additional District Sessions Judge, Erode.

2. Judicial Magistrate FTC No.I, Erode District.

3.The Public Prosecutor, Madras High Court.

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

Crl.R.C.No.353 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.No.353 of 2022 and Crl.M.P.Nos.3679 & 3682 of 2022

16.06.2022

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