K.Sankari vs Dr.Thulasi Balakrishnan
2022 Latest Caselaw 9891 Mad

                                                                                 Crl.RC.Nos.539 & 540 of 2017
                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 13.06.2022

                                                            CORAM:

                                     THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                              Crl.RC.Nos.539 & 540 of 2017
                                               and C.M.P.No.4802 of 2017


                    K.Sankari


                                                            Petitioner/Accused in both Crl.RCs

                                                                  Vs
                    Dr.Thulasi Balakrishnan

                                                                Respondent in both Crl.RCs

                    Common Prayer:- These Criminal Revision Cases have been filed,
                    under Sections 397 r/w 401 of Cr.PC,                to set aside the order dated
                    20.12.2016 passed in C.A.Nos.6              and 18 of 2016 by the learned II
                    Additional District and Sessions Judge, Vellore at Ranipet, confirming
                    and           modifying     the   order     dated     29.02.2016        passed        in
                    STC.Nos.227/2013             by   the   District   Munsif   Court    cum      Judicial
                    Magistrate, Arcot, Vellore.
                                              For Petitioner            :Mr.D.Kanasundaram


                                              For Respondent            :Mr.R.P.Prabakaran

                                                      COMMON ORDER

                              These Criminal Revision Cases have been preferred against the

                    Judgements passed in C.A.Nos.6 and 18 of 2016 by the learned II

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                                                                      Crl.RC.Nos.539 & 540 of 2017
                    Additional District and Sessions Judge, Vellore at Ranipet, confirming

                    the finding of guilt and rendered in STC.No.227/2013 by the District

                    Munsif Court cum Judicial Magistrate, Arcot, Vellore and modifying the

                    sentence alone by directing to pay a compensation of Rs.16,20,000/-.

                    The Petitioner preferred an appeal in C.A.No.6 of 2016 against the

                    conviction and sentence and the complainant preferred an appeal in

                    C.A.No18 of 2016 against non-imposition of fine and awarding in

                    adequate compensation.



                              2. The learned counsel for the petitioner/Accused submitted

                    that during the pendency of the revisions, this Court by an order

                    dated 18.08.2021 directed the parties to appear before the District

                    Mediation Centre, Vellore, to explore the possibility of amicable

                    settlement. He further submitted that Mediation took place and the

                    parties had arrived at a settlement. He also submitted that the

                    payment was made to the complainant by Demand Draft No. 975695

                    dated 01.12.2021 in terms of the said compromise.



                              3.The learned counsel for the respondent also confirmed the

                    above said fact.




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                                                                                 Crl.RC.Nos.539 & 540 of 2017
                              4.The   District   Mediation   has   also   sent     its   report      dated

                    07.12.20211, confirming the fact that the matter has been settled

                    between the parties, in both the above mentioned Criminal Revision

                    Cases.



                              5. In view of the settlement arrived at between the parties, this

                    Court allows the compounding of the offence under Section 138 of

                    Negotiable Instrument Act. Consequently, the judgment of conviction

                    and sentence of the learned II Additional District and Sessions Judge,

                    Vellore at Ranipet in C.A.Nos.6 and 18 of 2016 is set aside and the

                    accused is set at liberty.



                              6.Accordingly, this Criminal Revisions are allowed. The bail bond

                    if any executed by the petitioner/accused shall stand cancelled.

                    Consequently, connected miscellaneous petition is closed.



                                                                                            13.06.2022

                    Index:Yes/No
                    Web:Yes/No
                    Speaking/Non Speaking
                    vsn

                    To:
                    1.The II Additional District and Sessions Judge, Vellore at Ranipet
                    2.The District Munsif Court cum Judicial Magistrate, Arcot, Vellore
                    3.The Public Prosecutor, High Court, Madras
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                                           Crl.RC.Nos.539 & 540 of 2017


                                            SUNDER MOHAN, J.

vsn

Crl.RC.NoS.539 & 540 of 2017 and C.M.P.No.4802 of 2017

13.06.2022

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