Madras High Court
V.Gowthaman vs M.P.Sakthivel on 2 March, 2023
Crl.R.C.No.1493 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.1493 of 2017 and
Crl.M.P.No.14871 of 2017
V.Gowthaman ... Petitioner
Vs.
M.P.Sakthivel ... Respondent
Prayer: The Criminal Revision Case filed under Section 397 r/w. 401 of
Cr.P.C. to set aside the Judgment and Decree of the Trial Court made in
S.T.C.No.141 of 2016 order dated 29.04.2017 on the file of the Judicial
Magistrate (F.T.C.1) Erode, against the Judgment dated 13.09.2017 in
Crl.A.No.117 of 2017 on the file of the Court of Additional Sessions,
Magalir Neethi Mandram (Fast Track Court) Erode.
For Petitioner : Mr.D.Jagajothi
For Respondent : Ms.V.Balamurugane
ORDER
This Criminal Revision Case has been filed against the Judgment and
Order passed by the learned Additional Sessions Judge, Magalir Neethi
Mandram (Fast Track Court), Erode, in Crl.A.No.117 of 2017, dated
13.09.2017, confirming the Judgment and order passed by the Judicial
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Crl.R.C.No.1493 of 2017
Magistrate (FTC I) Erode in S.T.C.No.141 of 2016, dated 29.04.2017,
convicting the petitioner for the offence under Section 138 of the
Negotiable Instruments Act and sentencing him to undergo six months
Simple Imprisonment and to pay compensation equivalent to the cheque
amount to the tune of Rs.3,50,00/- under Section 357 (3) Cr.P.C.,
2. When the matter came up during the earlier occasion, it was
brought to the notice of this Court that the parties are attempting to settle the
dispute among themselves and the same was also recorded by this Court.
3. When the matter was taken up for hearing today, the learned
counsel appearing on either side submitted the memorandum of
Compromise. For proper appreciation, the terms of compromise are
extracted hereunder:
“It is respectfully submitted that the petitioner had filed
this petition with the following prayer to set aside the
Judgment and Decree in Crl.A.117 of 2017 on the file of
Additional Sessions, Magalir Neethi Mandram (Fast Track
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Crl.R.C.No.1493 of 2017
Court) Erode dated 13.09.2017, against the Judgment and
Decree in S.T.C.No.141 of 2016 on the file of Chief Judicial
Magistrate (FTC-I) Erode, dated 29.04.2017.
However, the petitioner and the respondent have agreed
between themselves to have the matter settled on terms
mutually agreed upon as set out in the terms of agreement. A
compromise was arrived between both the parties on
13.03.2023. The cheque amount of Rs.3,50,000/- was repaid
by the petitioner. The respondent on receipt of the sum of
Rs.3,50,000/- shall have no claim either present or future as
against the petitioner.
Both the petitioner and the respondents agree and
accept that order may be passed in terms of this compromise
memo in Crl.R.C.No.1493 of 2017.
Therefore, it is respectfully prayed that this Hon'ble
Court may be pleased to record this compromise memo and
dispose the above said Crl.R.C.No.1493 of 2017 and thus
render justice.”
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Crl.R.C.No.1493 of 2017
4. The learned counsel for the respondent submitted that the entire
compensation amount of Rs.3,50,000/- has been received by the respondent.
5. In view of the above, the offence stands compounded and the
conviction and sentence passed by the trial Court and confirmed by the
appellate Court are hereby set aside.
6. In the result, this Criminal Revision Case is disposed of in the
above terms. Consequently connected miscellaneous petition is closed.
02.03.2023
Index: Yes/No
Speaking order/Non speaking order
vum
To:
1. The Additional District and Sessions Court (FTC) Erode.
2. The Judicial Magistrate, Fast Track Court No.1, Erode.
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Crl.R.C.No.1493 of 2017
N.ANAND VENKATESH,J.
vum
Crl.R.C.No.1493 of 2017 and
Crl.M.P.No.14871 of 2017
02.03.2023
https://www.mhc.tn.gov.in/judis
