Madras High Court
Dharmalingam vs Ganesan on 31 March, 2022
CRL.R.C(MD)No.329 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.329 of 2022
and
Crl.M.P(MD).No.4255 of 2022
Dharmalingam ... Petitioner/Appellant/Accused
Vs.
Ganesan ... Respondent/Respondent / Complainant
Prayer: This Criminal Revision Case filed under Section 397 and 401
Cr.P.C., to call for the records and set aside the Judgment of conviction
and sentence made in C.A.No.102 of 2017 by the Additional District &
Sessions Judge, Palani dated 28.02.2019, confirming the judgment of
conviction and sentence made in C.C.No.34 of 2016 by the Fast Track
Court (Magistrate level), Palani, dated 31.07.2017 and pass such further
or other orders as this court.
For Petitioner : Mr.Venkatesh.D
For Respondent : Mr. J.Bala Meenakshi
https://www.mhc.tn.gov.in/judis
CRL.R.C(MD)No.329 of 2022
ORDER
The Criminal Revision case has been filed to call for the records and
set aside the Judgment of conviction and sentence made in C.A.No.102 of
2017 by the Additional District & Sessions Judge, Palani dated 28.02.2019,
confirming the judment of conviction and sentence made in C.C.No.34 of
2016 by the Fast Track Court (Magistrate level), Palani, dated 31.07.2017.
2.The case is still at the stage of trial. By passage of time, the parties
have decided to bury their hatchet and compromise the dispute amicably
among themselves.
3. Petition for compounding the offence has been filed before this
Court which have been signed by the petitioners and the relavant paragraphs
are extracted hereunder:-
2.I submit that i filed a private complaint under Section
138 of the Negotiable Insruments Act as against the petitioner
herein. The case was taken on file in C.C.No.34 of 2016 by
the Fast Track Court(Magistrate Level), Palani. The petitioner
was convicted and sentenced to undergo simple imprisonment
for 6 months and was directed to pay cheque amount being a
sum of Rs.2,00,000/- as compensation with default sentence.
3.I submit that aggrieved by the same, the petitioner
preferred an appeal in C.A.No.102 of 2017 before the
https://www.mhc.tn.gov.in/judis
CRL.R.C(MD)No.329 of 2022
Additional District & Sessions Judge, Palani. However, the
appeal was dismissed. As against the same, the petitioner has
preferred and the present criminal revision case before this
Honorable Court. After filing the same, a compromise talk was
held in presence of our village elders and well wishers to settle
the dispute amicably.
4. I submit that as per the same, i agreed to receive the
cheque amount being a sum of Rs.2,00,000/- towards full and
final settlment and accordingly received said sum by way of
demand draft bearing Nos.087843 & 087844 dated 01.03.2022.
As such, I agreed to compound the case pending as against
the petitioner. As stated supra, since a compromise was arrived
between me and the petitioner this Honorable Court may be
pleased to record the same or otherwise, we will be put to
ireeparable loss and harship.
4.Under such circumstances, no useful purpose will be served in
keeping the case pending on file. Even though, the offences involved are not
compoundable in nature. In the light of the guidelines given by the Hon'ble
Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @
Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction
under Section 482 Cr.P.C. quashes the C.C.No.34 of 2016 pending on the file
of the Fast Track Court(Magisterial Level), Palani.
5.This Criminal Revision Case stands allowed and as a sequel, the
Judgment of conviction and sentence made in C.A.No.102 of 2017 by the
Additional District & Sessions Judge, Palani dated 28.02.2019, confirming the
judment of conviction and sentence made in C.C.No.34 of 2016 by the Fast
https://www.mhc.tn.gov.in/judis
CRL.R.C(MD)No.329 of 2022
Track Court (Magistrate level), Palani, dated 31.07.2017 is set aside. The
petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as
costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank
of India, Periyakulam Branch bearing Account No.10767823177, IFSC
No.SBIN000898, MICR Code No.625002601, on or before on or before
15.05.2022 and produce the receipt before Additional District & Sessions
Judge, Palani, failing which the order shall stand dismissed automatically
without any further reference to this Court. Consequently, the connected
Miscellaneous Petition is closed.
31.03.2022
Index : Yes / No
Internet : Yes/ No
tta
To:
1. Additional District & Sessions Judge,
Palani
2. The Fast Track Court (Magistrate level), Palani,
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL.R.C(MD)No.329 of 2022
G.K.ILANTHIRAIYAN,J.
tta
Crl.R.C.(MD)No.329 of 2022 and
CRL MP(MD)No.4255 of 2022
31.03.2022
https://www.mhc.tn.gov.in/judis
