Madras High Court
M.Thangaraj vs / on 30 January, 2023
Crl.R.C.No.1244 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Crl.R.C.No.1244 of 2017 and
Crl.M.P.No.12000 of 2017
M.Thangaraj ... Petitioner
/vs/
N.Senthil ... Respondent
Prayer : Criminal Revision has been filed under Section 397 r/w 401 of
Cr.P.C., to call for the entire records and to set aside the order in Crl.A.No.2
of 2016 dated 15.06.2017 on the file of the IV Additional District and
Sessions Court at Bhavani by confirming the judgment dated 21.12.2015
made in STC No.6 of 2015 on the file of the II Additional District Munsif
Court at Bhavani, Erode District.
For Petitioner ... Mr.Ma.P.Thangavel
For Respondent ... Party-in-person
ORDER
This Criminal Revision has been filed to call for the entire records and
to set aside the order in Crl.A.No.2 of 2016 dated 15.06.2017 on the file of
the IV Additional District and Sessions Court at Bhavani by confirming the
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Crl.R.C.No.1244 of 2017
judgment dated 21.12.2015 made in STC No.6 of 2015 on the file of the II
Additional District Munsif Court at Bhavani, Erode District.
2. Heard the learned counsel for the petitioner and the respondent who
appeared as party-in-person.
3. On 05.01.2023, this Court has passed the following order:
“2. The contention of the petitioner is that at the
time of admission of the revision, a conditional order
was passed by this Court in Crl.M.P.No.12000 of 2017
on 20.09.2017, directing the petitioner to deposit sum
of Rs.50,000/- to the credit of STC No.6 of 2015 before
II Additional District Munsif Court, Bhavani. The
petitioner had also complied with the condition.
Thereafter, the petitioner entered into an understanding
with the respondent/complainant to settle the issue by
paying Rs.1 lakh. Giving credit to Rs.50,000/- within
was already deposited before the Trial Court, with the
balance of Rs.50,000/- he is ready to pay.
3.The memorandum of understanding also
entered between them. The respondent has got the
original copy from the petitioner. For some reason, the
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Crl.R.C.No.1244 of 2017
respondent failed to respond to the notice of the Court.
Hence, the paper publication was effected in Makkal
Kural on 02.09.2022. Despite the same, there is no
appearance for the respondent. He further submits that
if, the respondent appear before this Court, the issue
can be resolved.
4. In view of the same, the Inspector of Police,
B.Komarapalayam Police Station, Namakkal District is
directed to take steps to ensure the presence of the
respondent before this Court on 30.01.2023.”
4. In compliance of the above order, the jurisdictional police viz.,
S.Ravi, Inspector of Police, B.Komarapalayam Police Station, Namakkal
District has caused the presence of the respondent before this Court. The
petitioner and his counsel are also present. A memorandum of understanding
was entered into between the parties and the same was also filed before this
Court. The parties have affixed their signatures after having understood the
contents of the memorandum of understanding.
5. The respondent submitted that he had got the amount of
Rs.50,000/- paid by the petitioner as a full quit towards the impugned
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Crl.R.C.No.1244 of 2017
cheque. In view of the same, the respondent agreed not to pursue the matter
further.
6. When the Court is intended to impose cost, the learned counsel for
the petitioner submitted that the cheque amount was small and the petitioner
is not able to pay any further cost that might be imposed by this Court.
7. Considering the above circumstances, cost is not imposed. In view
of the memorandum of understanding entered into between the parties and
their acceptance expressed about the same before this Court, the matter is
recorded as settled out of Court.
8. In the result, this Criminal Revision Petition is allowed and the
order passed in Crl.A.No.2 of 2016 dated 15.06.2017 on the file of the IV
Additional District and Sessions Court at Bhavani by confirming the
judgment dated 21.12.2015 made in STC No.6 of 2015 on the file of the II
Additional District Munsif Court at Bhavani, Erode District, is set aside.
Consequently, connected miscellaneous petition is closed. The memorandum
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Crl.R.C.No.1244 of 2017
of understanding shall form part of the order.
30.01.2023
Index: Yes/No
Internet: Yes/No
gsk
To
1.IV Additional District and Sessions Court,
Bhavani, Erode District.
2.II Additional District Munsif Court,
Bhavani, Erode District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1244 of 2017
R.N.MANJULA ,J.
gsk
Crl.R.C.No.1244 of 2017 and
Crl.M.P.No.12000 of 2017
30.01.2023
https://www.mhc.tn.gov.in/judis
