Madras High Court
G.Karthikeyan vs D.Kathiravan on 2 March, 2023
Crl.R.C.No.1470 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.R.C.No.1470 of 2017
G.Karthikeyan ... Petitioner
Vs.
D.Kathiravan ... Respondent
Prayer: The Criminal Revision Case filed under Section 397 r/w. 401 of
Cr.P.C. to set aside the conviction imposed in the Judgment dated
10.10.2017 made in C.A.No.43 of 2016 on the file of the I Additional
District and Sessions Judge, Tiruppur, confirming the Judgment, dated
23.03.2016 made in C.C.No.109 of 2014 on the file of the Judicial
Magistrate, (Fast Track Court) Tiruppur by allowing this Criminal Revision
Petition.
For Petitioner : Mr.K.Sudhakar
For Respondent : Ms.P.Abinaya
Legal Aid Counsel
ORDER
This Criminal Revision Case has been filed against the Judgment and
Order passed by the I Additional District and Sessions Judge, Tiruppur, in
C.A.No.43 of 2016, dated 10.10.2017, confirming the Judgment and order
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Crl.R.C.No.1470 of 2017
passed by the Judicial Magistrate, (Fast Track Court), Tiruppur in
C.C.No.109 of 2014 dated 23.03.2016.
2. During the pendency of this Criminal Revision Case, the parties
decided to compromise the dispute. Accordingly, when the matter came up
for hearing on 20.02.2023, this Court had passed the following order:
“The learned counsel for the petitioner submitted that
the matter has been amicably settled between the petitioner
and the respondent and a sum of Rs.2,00,000/- was agreed to
be paid by the petitioner as full and final settlement towards
the impugned cheque. He further submitted that a sum of
Rs.50,000/- which has been already deposited to the credit of
the trial Court can be appropriated towards the settlement and
the petitioner had also paid the remaining sum of Rs.1,50,000/-
by way of Demand Draft to the respondent on 09.02.2023.
However, the learned counsel for the respondent is not aware
of the above negotiations between the parties.
For appearance of parties, list the matter on
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Crl.R.C.No.1470 of 2017
01.03.2023.”
3. Today when the matter was taken up for hearing, both the
petitioner as well as the respondent were present in person. A joint memo
was also filed by the learned counsel appearing on either side which has
been signed by the petitioner, the respondent and their respective counsels.
The relevant portions in the Joint Compromise Memo is extracted
hereunder:
"4. The petitioner and respondent submit that now an
amicable settlement arrived between the parties and they have
decided to settle the entire issue, since the petitioner herein
suffering some ailments due to covid-19. The respondent herein
agrees to receive the cheque amount Rs.2,00,000/- (Two Lakhs)
from the petitioner herein as full and final settlement and shall be
no further claim or litigations from either parties.
5. The petitioner and respondent submit that petitioner and
respondent agreed following terms through out of Court
settlement. The petitioner has no objection for withdrawing a sum
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Crl.R.C.No.1470 of 2017
of Rs.50,000/- (Fifty Thousand) deposited in C.C.No.109 of 2014
on the file of the learned Judicial Magistrate, FTC, Tirupur by
respondent. The petitioner had given a sum of Rs.1,50,000/- (One
Lakh Fifty Thousand) as demand draft of UCO Bank, Tirupur
bearing No.258826 dated 09.02.2023 to respondent. On the other
hand, respondent agreed that he is not pressing sentence. Based
on the settlement between the parties both decided to purchase
peace by way of this settlement.
Hence, it is therefore humbly prayed this Hon'ble Court may
be pleased to record our compromise memo and thus render
justice."
4. This Court enquired the respondent as to whether he has received a
sum of Rs.1,50,000/- by way of demand draft and the respondent stated that
he has received the demand draft. The balance sum of Rs.50,000/- has been
deposited by the petitioner pursuant to the condition imposed by this Court.
when the sentence was suspended in Crl.M.P.Nos.14592 and 14593 of 2017
by an Order dated 30.11.2017. This amount can be withdrawn by the
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Crl.R.C.No.1470 of 2017
respondent by filing appropriate Memo before the trial Court and the trial
Court shall permit the respondent to withdraw the same.
5. In the light of the above discussion, the Judgement and Order
passed by both the Courts below are hereby set aside and the offence stands
compounded.
6. In the result, this Criminal Revision Case is disposed of in the
above terms.
02.03.2023
Index: Yes/No
Speaking order/Non speaking order
vum
To:
1. The I Additional District and Sessions Judge, Tiruppur.
2. The Judicial Magistrate, (Fast Track Court) Tiruppur.
N.ANAND VENKATESH,J.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1470 of 2017
vum
Crl.R.C.No.1470 of 2017
02.03.2023
https://www.mhc.tn.gov.in/judis
