V.Edision ...Revision vs R.Rakesh Swamy ...Revision
2023 Latest Caselaw 1651 Mad

                                                                             Crl.R.C.(MD).No.574 of 2021


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 01.03.2023

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                           Crl.R.C.(MD).No.574 of 2021
                                                      and
                                      Crl.M.P(MD) Nos.6317 and 6318 of 2021


                     V.Edision                                 ...Revision Petitioner /Appellant /
                                                                                       Accused
                                                         Vs.

                     R.Rakesh Swamy                            ...Revision Respondent /
                                                                    Respondent / Complainant


                     PRAYER: This Criminal Revision Case is filed under Sections 397 r/w

                     401 of the Criminal Procedure Code, to call for the records and set-aside the

                     Judgment dated 09.10.2018 passed in Crl.A.No.19 of 2018 on the file of the

                     Learned II Additional District and Sessions Judge, Thoothukudi,

                     Thoothukudi District, confirming the conviction and sentence imposed in

                     STC.No.1699/2015 on the file of the learned Judicial Magistrate,

                     Srivaikundam, Thoothukudi District by judgment dated 17.01.2018 and

                     acquit the petitioner.




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.(MD).No.574 of 2021


                                        For Petitioner    : Mr. Veilmuthu K

                                        For Respondents : Mr. Mandhiralingeswaran.S

                                                            ORDER

This Criminal Revision Case has been filed against the judgment

passed by the II Additional District and Sessions Court, Thoothukudi, in

Clr.A.No.19 of 2018 dated 09.10.2018, confirming the judgment in

S.T.C.No.1699 of 2015 dated 17.01.2018 on the file of the learned Judicial

Magistrate, Srivaikundam, Thoothukudi District.

2. The respondent has filed a private complaint under Section 200 of

Cr.P.C against the revision petitioner for the alleged offence under Section

138 of Negotiable Instrument Act that was taken cognizance in S.T.C.

No.1699 of 2015. At the conclusion of the trial process, the trial Court has

found that the accused is guilty and he was sentenced to undergo one year

S.I., and to pay the cheque amount of Rs.3,00,000/- to the complainant,

against which, he preferred the appeal before the II Additional District and

Sessions Court, Thoothukudi, in Clr.A.No.19 of 2018, which came to be

dismissed on 09.10.2018, against which, this revision has been preferred by

the accused.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.574 of 2021

3. The learned counsel for both the parties submitted that pending the

above said revision, the matter has been settled between the parties before

the Mediation Centre attached to this Bench. The mediation report has been

received from the Mediation Centre.

4. In view of the above said compromise that is reached between the

parties and since the offence is compoundable in nature, this Criminal

Revision Case is allowed. The judgment of conviction and sentence passed

by the learned Judicial Magistrate, Srivaikundam, Thoothukudi District, by

judgment dated 17.01.2018 in S.T.C.No.1699 of 2015 and confirmed by the

II Additional District and Sessions Court, Thoothukudi, in Clr.A.No.19 of

2018 dated 09.10.2018 is set aside. The terms of compromise shall form part

of the order. Consequently, the connected Miscellaneous Petitions are

closed.

01.03.2023 NCC :Yes:No Index : Yes / No Internet: Yes / No indu

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.574 of 2021

G.ILANGOVAN,J.

indu

To

The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

Crl.R.C.(MD).No.574 of 2021

01.03.2023

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