Palaniappan vs Ravi
2022 Latest Caselaw 10949 Mad

                                                                               Crl.R.C.No. 164 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED : 23.06.2022
                                                        CORAM:
                     THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
                                                Crl.R.C.No. 164 of 2019

                  Palaniappan                                                        ... Petitioner


                                                          Versus

                  Ravi                                                             ... Respondent


                            Criminal Revision Case filed under Section 397 read with Section 401

                  of Cr.P.C., to set aside the judgment made in C.A.No. 182 of 2018, dated

                  13.12.2018 on the file of II Additional District Sessions Judge, Erode,

                  confirming the judgment made in S.T.C.No. 201 of 2017, dated 23.05.2018

                  by the learned Judicial Magistrate, Fast Track Court No.I, Erode.



                                   For Petitioner     : Mr.C. Ramkumar

                                   For Respondent     : Mr.M. Karthik
                                                           ----




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.No. 164 of 2019



                                                       ORDER

In this case, the total cheque amount is Rs.4,00,000/-, of which, a sum

of Rs.2,00,000/- has already been deposited to the credit of S.T.C.No. 201 of

2017 on the file of Judicial Magistrate, Fast Track Court No.I, Erode, by

virtue of the conditional order passed by this Court.

2. Today, when the matter came up for hearing, the learned counsel for

the petitioner/accused by way of Demand Draft handed over a sum of

Rs.2,00,000/- to the learned counsel for the respondent/complainant.

3. The learned counsel for the respondent/complainant accepted the

Demand Draft for the said sum of Rs.2,00,000/- and submitted that in the

event of the aforesaid sum of Rs.2,00,000/-, which is deposited in the trial

Court being paid over to the complainant, the complainant is willing to

accept the said sum of Rs.4,00,000/- in total as full quit and drop all further

proceedings.

https://www.mhc.tn.gov.in/judis Crl.R.C.No. 164 of 2019

4. In view of the same, this Revision Case is allowed on the following

terms:-

(i) The conviction of the petitioner/accused for an

offence under Section 138 of the Negotiable Instruments Act,

by judgment dated 23.05.2018 in S.T.C.No.201 of 2017 by the

learned Judicial Magistrate, Fast Track Court No.I, Erode,

which is confirmed by the learned II Additional Sessions

Judge, Erode, by judgment dated 13.12.2018 in C.A.No.182

of 2018 is hereby set aside. The offence is treated as

compounded.

(ii) The amount of Rs.2,00,000/- already lying to the

credit of S.T.C.No. 201 of 2017 on the file of Judicial

Magistrate, Fast Track Court No.I, Erode, is ordered to be

paid out to the complainant on his application.

23.06.2022

Internet : Yes/No Index : Yes/No msm

https://www.mhc.tn.gov.in/judis Crl.R.C.No. 164 of 2019

To

1. The II Additional District Sessions Judge, Erode.

2. The Judicial Magistrate, Fast Track Court No.I, Erode.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.R.C.No. 164 of 2019

D. BHARATHA CHAKRAVARTHY, J.

msm

Crl.R.C.No. 164 of 2019

23.06.2022

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