Sathish vs Ramani
2023 Latest Caselaw 4603 Mad

                                                                                  Crl.R.C.No.699 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated 21.04.2023

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                 Crl.R.C.No.699 of 2023 &
                                             Crl.M.P.Nos.5431 & 5433 of 2023

                       Sathish                                                        ... Petitioner

                                                             Vs.

                       Ramani                                                         ... Respondent

                       Prayer: Criminal Revision Petition filed under Section 397 and 401 of

                       Cr.P.C      to    call for the records pertaining to the judgment dated

                       24.09.2019 in C.A.No.121 of 2018 passed by the learned IV Additional

                       Sessions Judge, Ponneri, Thiruvallur District by confirming the Order

                       of the learned Judicial Magistrate No.I, Ponneri in C.C.No.98 of 2014

                       dated 12.07.2018 and set aside the same by allowing the above

                       Criminal Revision Petition.

                                        For Petitioner             : Mr.S.Sasikumar

                                        For Respondent             : Mr.K.Vijayakumar



                       Page 1 of 6
https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.No.699 of 2023

                                                           ORDER

This Criminal Revision Case has been filed to set aside the

judgment dated 24.09.2019 passed by the learned IV Addisional

Sessions Judge, Ponneri, Thiruvallur District in Crl.A.No.121 of 2018,

confirming the judgment dated 12.07.2018 passed by the learned

Judicial Magistrate No.1, Ponneri, Thiruvallur District in C.C.No.98 of

2014.

2. The petitioner is the accused in C.C.No.98 of 2014 on the file

of the Judicial Magistrate No.1, Ponneri, Thiruvallur District. The

Trial Court convicted the petitioner under Section 138 of Negotiable

Instruments Act and sentenced him to undergo one year rigorous

imprisonment and also to pay a sum of Rs.6,00,000/- [Rupees six lakhs

only] towards compensation to the respondent. Challenging the

judgment of conviction and sentence, he preferred appeals in

Crl.A.No.121 of 2018 before the IV Additional Sessions Judge,

Ponneri, Thiruvallur District. The lower Appellate Court, vide

judgments dated 24.09.2019 confirmed the judgment of conviction and

sentence passed by the Trial Court. Therefore, the petitioner filed the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.699 of 2023

present Criminal Revision Case.

3. Today, when the matter is taken up for hearing, both the

learned counsel for the petitioner as well as the respondent informed

that, a settlement has been reached between the parties and the matter

has been compromised between the petitioner/accused and the

respondent/ complainant by executing a Memorandum of Compromise

dated 19.04.2023.

4. The above said Memorandum of Compromise dated

19.04.2023 has been filed before this Court which has been signed by

the petitioner/accused and the respondent/complainant and also by

their respective counsel.

5. A perusal of the Memorandum of Compromise dated

19.04.2023 shows that, the parties agreed to settle the issue by

compromise and the petitioner had paid a sum of Rs.2,60,000/- on

10.02.2023 by way of an Indian Bank cheque No.298854 and cash of

Rs.40,000/- on 19.04.2023 towards the amount borrowed by him to the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.699 of 2023

respondent and the same was accepted and received by the respondent.

Hence, it is prayed by both the counsel for petitioner as well as the

respondent that the Memorandum of Compromise may be accepted and

pleaded to acquit the petitioner from the above case in C.C.No.98 of

2014.

6. Under such circumstances, no useful purpose will be served in

keeping the Criminal Revision Case pending and hence, the same is

allowed and the offence under Section 138 of Negotiable Instruments

Act tried in C.C.No.98 of 2014 on the file of the Judicial Magistrate

No.I, Ponneri, Thiruvallur District shall stand compounded under

Section 147 of Negotiable Instruments Act and the petitioner/accused

shall stand acquitted of all the charges framed against him. The

Memorandum of Compromise dated 19.04.2023 filed by the parties

shall form part of the Order. Consequently, connected miscellaneous

petitions are closed.

21.04.2023

Index:Yes/No

https://www.mhc.tn.gov.in/judis Crl.R.C.No.699 of 2023

vrc

To

1. The IV Additional District and Sessions, Ponneri, Thiruvallur District.

2. The Judicial Magistrate No.I, Ponneri, Thiruvallur District.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.699 of 2023

V.SIVAGNANAM, J.

vrc

Crl.R.C.No.699 of 2023

21.04.2023

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