M/S.Sri Palani Murugan Sago ... vs K.Jayamagaraja
2022 Latest Caselaw 16983 Mad

                                                                           Crl.R.C.No.1381 of 2017



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated : 28.10.2022

                                                       CORAM :

                                  THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                               Crl.R.C.No.1381 of 2017
                                                         and
                                          Crl.M.P.Nos.13458 & 13459 of 2017

                     1.M/s.Sri Palani Murugan Sago Factory,
                     Managing Partner Mallika

                     2.S.P.Dhanasekar

                     2.D.Mallika                                                  .. Petitioners

                                                          Vs.

                     K.Jayamagaraja                                               ..Respondent

                     PRAYER : Criminal Revision Case has been filed under sections 397
                     read with 401 of Criminal Procedure Code to set aside the judgment
                     dated 08.08.2017 passed in C.A.No.51 of 2016 on the file of the learned
                     Principal Sessions Judge, Salem confirming the judgment of Judicial
                     Magistrate, Fast Track Court, Attur, made in S.T.C.No.10 of 2012 dated
                     18.03.2016.


                                     For Petitioners         :     Mr.K.V.Sridharan



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https://www.mhc.tn.gov.in/judis
                                                                         Crl.R.C.No.1381 of 2017



                                  For Respondent          :      Mr.V.Harish
                                                              For M/s.K.M.Vijayan Associates


                                                      ORDER

Pending Criminal Revision Case against the concurrent

findings of the Courts below in a private complaint filed under Section

138 of Negotiable Instruments Act, the parties have arrived at

compromise and Joint Memo of Compromise is filed. However, the

presence of the complainant could not be ensured, since she is ill and

unable to move out from Salem.

2. In the light of the above circumstances, this Criminal

Revision Case is allowed for the limited purpose. Consequently, the

connected Criminal Miscellaneous Petitions are closed.

3. To record compounding the offence, the matter is

remanded back to the trial Court. The complainant and the accused are

directed to appear before the learned Judicial Magistrate, Fast Track

Court, Attur, on 24.11.2022. Any amount deposited by the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1381 of 2017

petitioners/accused pursuant to the condition imposed by this Court in

Criminal Revision Case shall be taken into account and to be disbursed as

per the terms of compromise between the parties.

28.10.2022

Note: The Registry is directed to forward a copy of this order to the trial Court immediately.

Internet : Yes/No Index: Yes/No

rpl

To

1.The Principal Sessions Judge, Salem.

2. The Judicial Magistrate, Fast Track Court, Attur.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.1381 of 2017

Dr.G.JAYACHANDRAN, J.

rpl

Crl.R.C.No.1381 of 2017

28.10.2022

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