Madras High Court
Rajamanickam vs Packyaraj on 19 May, 2022
Crl.R.C(MD)No.447 of 2022
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED : 19.05.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.R.C(MD)No.447 of 2022
and
Crl.M.P(MD)Nos.5848 & 5849 of 2022
Rajamanickam ... Petitioner/Appellant/Sole Accused
Vs.
Packyaraj ... Respondent/Respondent/
Complainant
PRAYER: Criminal Revision Case filed under Section 397 and 401 of
the Code of Criminal Procedure, to call for the records pertaining to the
Judgment of conviction passed by the learned Additional District and
Sessions Judge, Periyakulam, Theni District in Criminal Appeal No.01 of
2021, dated 29.03.2022, confirming the order of conviction and sentence
passed by the learned Judicial Magistrate, Periyakulam, Theni District in
S.T.C.No.28 of 2018, dated 05.11.2020 and set aside the same.
For Petitioner : Mr.S.Vikram
For Respondent : Mr.K.Malaimaran
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Crl.R.C(MD)No.447 of 2022
ORDER
This revision has been filed to set aside the conviction imposed in
Criminal Appeal No.01 of 2021, dated 29.03.2022 on the file of the
learned Additional District and Sessions Judge, Periyakulam, Theni
District, confirming the conviction imposed in S.T.C.No.28 of 2018,
dated 05.11.2020 on the file of the learned Judicial Magistrate,
Periyakulam, Theni District.
2.The learned counsel appearing on either side would submit that
while pending the revision, the parties have amicably settled their issues
in pursuant to the conviction passed by the trial Court for the offence
punishable under Section 138 of the Negotiable Instruments Act, which
was confirmed by the Appellate Court. They have also entered into a
joint compromise memo, dated 02.05.2022, which reads as follows:-
“1.That the petitioner/appellant herein is the
accused in S.T.C.No.28 of 2018 on the file of the
Judicial Magistrate, Periyakulam, Theni District in
connection with the Judgment passed in Criminal
Appeal No.01 of 2021, Additional District and Sessions
Judge, Periyakulam, Theni District. That the
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.447 of 2022
complainant has claimed a sum of Rs.4,00,000/- (Four
Lakhs Only) being the amount payable by the accused
towards respondent.
Now that the petitioner/Accused has agreed to
pay a sum of Rs.4,00,000/- (Rupees Four Lakhs Only)
towards full and final settlement of the dues payable by
him. The said sum is agreed to already paid on
29.04.2022 full one-time settlement finally.
The defacto complainant has also agreed to
receive the same as full and final settlement of the
amounts.
It is further agreed that on payment of the said
sum of Rs.4,00,000/- (Rupees Four Lakhs Only), the
defacto complainant agrees to receive in person the
petitioner hand over the same.
In case of necessity, he also agrees to co-operate
for set aside Judgment of conviction passed by the
learned Additional District and Sessions Judge,
Periyakulam, Theni District, in Criminal Appeal No.01
of 2021, dated 29.03.2022 by confirming the order of
conviction sentence passed by the learned Judicial
Magistrate, Periyakulam, Theni District in S.T.C.No.28
of 2018, dated 05.11.2020 and set aside the same on the
petition to be filed by the petitioner/accused.”
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.447 of 2022
3. In view of the said joint compromise memo, the Judgment
passed in Criminal Appeal No.01 of 2021, dated 29.03.2022 on the file of
the learned Additional District and Sessions Judge, Periyakulam, Theni
District, confirming the order passed in S.T.C.No.28 of 2018, dated
05.11.2020, on the file of the learned Judicial Magistrate, Periyakulam,
Theni District, are set aside.
4. Accordingly, the Criminal Revision Case is allowed. The joint
compromise memo, dated 02.05.2022 shall form part and parcel of this
order.
5.The learned counsel appearing for the petitioner would submit
that the petitioner/accused already deposited a sum of Rs.80,000/-
(Rupees Eighty Thousand Only) before the Court below at the time of
preferring the Appeal. As per the joint compromise memo, the petitioner-
Rajamanickam is permitted to withdraw the amount deposited by him
before the Court below. Consequently, connected Miscellaneous Petitions
are closed.
19.05.2022
Index : Yes/No
Internet : Yes
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Crl.R.C(MD)No.447 of 2022
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the
advocate / litigant
concerned.
To
To
1.The Additional District and Sessions Court,
Periyakulam,
Theni District.
2.The Judicial Magistrate, Periyakulam,
Theni District.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.447 of 2022
T.V.THAMILSELVI, J.
ps
Order made in
Crl.R.C(MD)No.447 of 2022
19.05.2022
https://www.mhc.tn.gov.in/judis
