Maya Mohan vs A.Jebamani
2022 Latest Caselaw 11207 Mad

                                                                                  Crl.R.C.No.453 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 27.06.2022

                                                       CORAM :

                     THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               Crl.R.C.No.453 of 2019
                                                        and
                                               Crl.M.P.No.3728 of 2020


           Maya Mohan                                                         ... Appellant

                                                        Versus
           A.Jebamani                                                         ... Respondent


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

            the order and judgment dated 19.11.2018 in C.A.No.80 of 2017 on the file of the

            Learned Principal Sessions Judge, Kancheepuram at Chengalpattu confirming the

            sentence imposed by the Learned Judicial Magistrate Fast Track Court, Alandur

            dated 26.10.2017 made in C.C.No.10 of 2017 and acquit the petitioner.

                                      For Appellant    : Mr.S.Panneerselvan

                                      For Respondent   : Mr.T.R.Kumaravel

                                                        *****




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                                                                                  Crl.R.C.No.453 of 2019

                                                  JUDGMENT

This Criminal Revision Case is filed by the petitioner to set aside the order

and judgment dated 19.11.2018 in C.A.No.80 of 2017 on the file of the Learned

Principal Sessions Judge, Kancheepuram at Chengalpattu for the offence under

Section 138 of Negotiable Instruments Act confirming the sentence imposed by the

Learned Judicial Magistrate Fast Track Court, Alandur dated 26.10.2017 made in

C.C.No.10 of 2017 and acquit the petitioner.

2. Today, when the matter came up for hearing, it was submitted by the

learned Counsel on either side that, in this case, the cheque amount of Rs.2 lakhs

was already deposited by the petitioner to the credit of C.C.No.10 of 2017 on the

file of the Learned Judicial Magistrate Fast Track Court, Alandur. Over and above

the same, a sum of Rs.15,000/- is paid by way of Demand Draft bearing Demand

Draft No. 331477 drawn on Indian Bank Allahabad, Madras High Court Branch

dated 21.06.2022, which is duly received by the learned counsel for the

Respondent/ Complainant.

3. The learned counsel for the respondent submits that the same has been

accepted by the complainant in full quit and further the complainant is willing to

drop the entire criminal proceeding and agrees to compound the offence. https://www.mhc.tn.gov.in/judis

Crl.R.C.No.453 of 2019

4. In that view of the matter, this Criminal Revision case is allowed on the

following terms:-

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

Magistrate Fast Track Court, Alandur dated 26.10.2017 made in C.C.No.10 of 2017

for the offence under Section 138 of the Negotiable Instruments Act confirmed by

the judgment dated 19.11.2018 by the Learned Principal Sessions Judge,

Kancheepuram at Chengalpattu in C.A.No.80 of 2017 are set aside.

(ii) The offence under section 138 of Negotiable Instruments Act is treated as

compounded.

(iii) The Connected Miscellaneous Petition is closed

27.06.2022

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

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

Crl.R.C.No.453 of 2019

To

1. Learned Judicial Magistrate Fast Track Court, Alandur

2. Learned Principal Sessions Judge, Kancheepuram at Chengalpattu.

3.The Public Prosecutor, Madras High Court.

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

Crl.R.C.No.453 of 2019

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.No.453 of 2019 and Crl.M.P.No.3728 of 2020

27.06.2022

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