K.Nanthakumar vs C.Palaniappan
2023 Latest Caselaw 7170 Mad

                                                                              Crl.R.C.No.143 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated 27.06.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                               Crl.R.C.No.143 of 2022 &
                                       Crl.M.P.Nos.1294, 1295 & 1296 of 2023

                    K.Nanthakumar                                            ... Petitioner

                                                       Vs.

                    C.Palaniappan                                            ... Respondent



                    Prayer: Criminal Revision Petition filed under Section 397 and 401 of
                    Cr.P.C to set aside the judgment dated 09.11.2021 in C.A.No.07 of 2021
                    passed by the learned Sessions Judge, Special Court for trial cases under
                    SC/ST [POA] Act, Namakkal by confirming the conviction and sentence of
                    the learned Judicial Magistrate No.II, Namakkal in C.C.No.181 of 2016
                    dated 18.12.2020 and set aside the same by allowing the above Criminal
                    Revision Petition.


                                    For Petitioner           : Mr.W.Camyles Gandhi

                                    For Respondent           : Mr.P.Saravana Sowmiya

                                                       ORDER

https://www.mhc.tn.gov.in/judis Crl.R.C.No.143 of 2022

This Criminal Revision Case has been filed to set aside the judgment

dated 09.11.2021 passed by the learned Sessions Judge, Special Court for

trial cases under SC/ST [POA] Act, Namakkal in Crl.A.No.07 of 2021,

confirming the judgment dated 18.12.2020 in C.C.No.181 of 2016 passed

by the learned Judicial Magistrate No.1I, Namakkal.

2. The petitioner is the accused in C.C.No.181 of 2016 on the file of

the Judicial Magistrate No.1I, Namakkal. The Trial Court convicted the

petitioner under Section 138 of Negotiable Instruments Act and sentenced

him to undergo one year simple imprisonment and also to pay a sum of

Rs.20,00,000/- [Rupees two lakhs only] as compensation to the respondent

and in default in payment of compensation to undergo further three months

simple imprisonment. Challenging the judgment of conviction and

sentence, he preferred appeal in Crl.A.No.07 of 2021 before the Sessions

Judge, Special Court for trial cases under SC/ST [POA] Act, Namakkal.

The lower Appellate Court, vide judgments dated 09.11.2021 confirmed

the judgment of conviction and sentence passed by the Trial Court.

Therefore, the petitioner filed the present Criminal Revision Case.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.143 of 2022

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 Joint Compromise Affidavit dated 06.06.2023.

4. The above said Joint Compromise Affidavit dated 06.06.2023 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 Joint Compromise Affidavit dated 06.06.2023

shows that, the parties agreed to settle the issue by compromise and the

petitioner had paid a sum of Rs.20,00,000/- towards the amount borrowed

by him to the 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 Joint Compromise Affidavit may be accepted

and pleaded to acquit the petitioner from the above case in C.C.No.181 of

https://www.mhc.tn.gov.in/judis Crl.R.C.No.143 of 2022

2016.

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.181 of 2016 on the file of the Judicial Magistrate No.II,

Namakkal 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 Joint Compromise Affidavit dated

06.06.2023 filed by the parties shall form part of the Order. The petitioner

is permitted to withdraw the amount deposited to the credit of C.C.No.181

of 2016 before the trial Court, without notice to the complainant.

Consequently, connected miscellaneous petitions are closed.

27.06.2023

Index:Yes/No

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To

https://www.mhc.tn.gov.in/judis Crl.R.C.No.143 of 2022

1. The Sessions Judge, Special Court for trial cases under SC/ST [POA] Act, Namakkal

2. The Judicial Magistrate No.II, Namakkal.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.143 of 2022

V.SIVAGNANAM, J.

vrc

Crl.R.C.No.143 of 2022

27.06.2023

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