Madras High Court
K.Anbuselvam vs Pitchamuthu on 7 March, 2023
Crl.R.C.No.1149 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.R.C.No.1149 of 2017
K.Anbuselvam
... Petitioner/Appellant/Respondent
vs.
Pitchamuthu
S/o.Ramasamy ... Respondent/Respondent/Complainant
Criminal Revision filed under Sections 397 r/w 401 of the Code of Criminal
Procedure to call for the records and set aside the judgment dated 27.09.2019 passed
in C.A.No.30/2019 on the file of the learned III-Additional Sessions Judge, Villupuram,
Kallakurichi by confirming the judgment dated 13.03.2019 passed in C.C.No.68/2017 by
the learned Judicial Magistrate (Fast Track) Kallakurichi.
For Petitioner : Mr.R.Vivekananthan
For Respondent : Mr.P.Rajavel
ORDER
This Civil Revision Case has been filed against the judgment and order passed
by the III Additional Sessions Judge, Villupuram in C.A.No.30 of 2019, dated
27.09.2019, dismissing the appeal and confirming the judgment and order passed by
the Judicial Magistrate (Fast Court Level) Kallakurichi, in C.C.No.68 of 2017, dated
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Crl.R.C.No.1149 of 2017
13.03.2019, convicting the petitioner for offence under Section 138 of the Negotiable
Instruments Act, 1881 and sentencing him to undergo one year simple imprisonment
and to pay a fine of Rs.9,00,000/- and in default to undergo three months simple
imprisonment. It was further directed that the fine amount shall be paid as
compensation to the complainant.
2.During the pendency of this criminal revision case, the parties have arrived at
a compromise. Both the petitioner and the respondent have filed independent
affidavits stating that the respondent is willing to receive the entire cheque amount of
a sum of Rs.9,00,000/- towards full and final settlement. The affidavits filed by the
petitioner and the respondent are taken on file.
3.The learned counsel appearing on either side submitted that the compromise
entered into between the parties can be taken note by this Court and requested for
passing appropriate orders.
4.In the light of the compromise entered into between the parties, it is seen that
the petitioner has paid a sum of Rs.4,50,000/- to the respondent by way of cash. The
balance sum of Rs.4,50,000/- has already been deposited by the petitioner before the
Trial Court. The respondent is willing to withdraw this amount and settle the dispute.
5.In the result, the offence is compounded and the conviction and sentence
imposed by both the Courts below is hereby set aside. The respondent is permitted to
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Crl.R.C.No.1149 of 2017
file a memo before the Trial Court and seek for the withdrawal of the sum of
Rs.4,50,000/- which has already been deposited by the petitioner. The Trial Court shall
allow the memo and permit the respondent to withdraw the amount.
6.This Criminal Revision Case is disposed of in the above terms.
07.03.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
KP
To
1. III Additional Sessions Court
Villupuram, Kallakurichi.
2. Judicial Magistrate (Fast Track) Kallakurichi.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1149 of 2017
N. ANAND VENKATESH, J.
KP
Crl.R.C.No.1149 of 2017
07.03.2023
https://www.mhc.tn.gov.in/judis
