Ramamoorthy vs The State Rep.By
2023 Latest Caselaw 6205 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 14.06.2023

                                                         CORAM:

                                  THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                               Crl.R.C.No.1067 of 2019
                                                           and
                                              Crl.M.P.No.14516 of 2019


                     Ramamoorthy                                                 ...Petitioner


                                                          -Vs-


                     The State rep.by
                     The Inspector of Police,
                     Thiruvalam Police Station,
                     Thiruvalam,
                     Vellore District.                                          ...Respondent

                     PRAYER:-This Criminal Revision Petition is filed under Section 401 read
                     with Section 397 of Cr.P.C. to set aside the conviction imposed the order
                     dated 05.09.2019 made in Crl.A.No.15 of 2019 on the file of the I
                     Additional District and Sessions Judge at Vellore, confirming the
                     conviction imposed in judgment dated 28.01.2019 made in C.C.No.246
                     of 2009 on the file of the Judicial Magistrate, Katpadi.


                                   For Petitioner     : Mr.K.Selvakumaraswamy

                                   For Respondent : M.V.J.Priyadarsana,
                                                   Government Advocate (Crl.Side)

                                                         *******



https://www.mhc.tn.gov.in/judis
                                                                  2


                                                          ORDER

Heard the learned counsel appearing for the petitioner.

2. At the instance of P.W.1, the case was registered and

investigation and charge sheet had been filed by the respondent-Police,

Thiruvalam Police Station, Vellore District in C.C.No.246 of 2009 on the

file of the learned Judicial Magistrate, Katpadi. He is convicted by the trial

Court which is confirmed in Crl.A.No.15 of 2019.

3. The appellant/accused is found guilty under Sections 406 and

420 of I.P.C and convicted and sentenced to undergo Simple

Imprisonment for three years and to pay a fine of Rs.1,000/-, in default,

to undergo Simple Imprisonment for further period of three months for

the offence under Section 406 of I.P.C and convicted and sentenced to

undergo Simple Imprisonment for three years and to pay a fine of

Rs.1,000/-, in default, to undergo Simple Imprisonment for further

period of three months for the offence under Section 420 of I.P.C and the

above sentences are ordered to be run concurrently and set off allowed

under Section 428 Cr.P.C.

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

4. After hearing both sides and also taking note of the evidence of

P.W.1 and also taking into account, the offence under Section 420 I.P.C

and the quantum being Rs.90,000/- the learned counsel appearing for

the petitioner contended that the revision petitioner is willing to deposit

Rs.90,000/- on or before 13.07.2023 before the learned Judicial

Magistrate, Katpadi in C.C.No.246 of 2009.

5. Accordingly, the said settlement is hereby recorded and the

conviction and sentence shall stand modified to that effect and he has to

undergo the sentence if any as stated supra.

6. Accordingly, this Criminal Revision Petition is partly-allowed

to the limited extent indicated above. Consequently, connected Crl.M.P is

closed.

7. Post in the caption ' for reporting compliance ' on 14.07.2023.

14.06.2023

nvi

Neutral Citation: Yes/No

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

RMT.TEEKAA RAMAN,J.,

nvi

To

1. The Judicial Magistrate, Katpadi.

2. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.1067 of 2019 and Crl.M.P.No.14516 of 2019

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