Saravanan vs M.John Felix
2023 Latest Caselaw 3335 Mad

                                                                            Crl.R.C.(MD) No.348 of 2023

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 28.03.2023

                                                          CORAM:

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                                Crl.R.C.(MD)No.348 of 2023
                                                            and
                                                Crl.M.P.(MD)No.4933 of 2023

                   Saravanan                                   ... Petitioner/Appellant/Accused

                                                             Vs.

                   M.John Felix                            ... Respondent/Respondent/Complainant

                   Prayer : This Criminal Revision has been filed under Section 397 and 401 of
                   Criminal Procedure Code, to call for the records relating to the order passed
                   by the learned III Additional District Judge, Thanjavur @ Pattukkottai in
                   C.A.No.32 of 2019, dated 29.09.2022 and confirm the judgment in S.T.C.No.
                   78 of 2018, dated 06.02.2019 Fast Track Court, (Magisterial Level)
                   Pattukkottai and set aside the same.
                                     For Petitioner     : Mr.C.Susi Kumar
                                     For Respondent     : Mr.M.Sankar

                                                          ORDER

The Criminal Revision Case is directed against the Judgment of

conviction passed in C.A.No.32 of 2019, dated 29.09.2022 on the file of the

learned III Additional District Judge, Thanjavur @ Pattukkottai, confirming

the Judgment of conviction and sentence, dated 06.02.2019 passed in https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD) No.348 of 2023

S.T.C.No.78 of 2018 on the file of the Fast Track Court, (Magisterial Level)

Pattukkottai.

2. When the matter was taken up for hearing on 24.03.2023,

considering the submission made by the learned counsel for the petitioner and

the respondent that the matter was settled between the parties, this Court has

directed the petitioner to deposit 5% of the agreed amount before the High

Court Legal Service Authority of this Bench on or before 27.03.2023.

3. Today ( 28.03.2023), when the matter is taken for hearing, the

learned counsel for the petitioner has filed a memo along with receipt to show

that 5% of the agreed amount was deposited before the High Court Legal

Services Committee, in pursuance of the directions of this Court. The memo

is recorded. He has also filed an application under Section 147 of the

Negotiable Instruments Act along with affidavit of the respondent /

complainant and whereunder the respondent / complainant has received a sum

of Rs.4,00,000/- towards full and final settlement of the claim due by the

petitioner / accused.

4. In view of the above, the offence under Section 138 of Negotiable

Instruments Act stands compounded under Section 147 of the Negotiable https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD) No.348 of 2023

Instruments Act. Consequently, the Criminal Revision Case is allowed and

the judgments of the trial Court and the Appellate Court are set aside and the

accused is acquitted from the charges levelled against him. The petitioner is

directed to be released forthwith, unless his custody is required in connection

with any other case. Consequently, connected Miscellaneous Petition is

closed.

                                                                                28.03.2023

                   NCC      : Yes / No
                   Index    : Yes / No
                   Internet : Yes / No
                   das

Note: Issue order copy on 28.03.2023.

To

1.The III Additional District Judge, Thanjavur @ Pattukkottai.

2.The Magistrate, Fast Track Court, (Magisterial Level) Pattukkottai.

3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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

Crl.R.C.(MD) No.348 of 2023

K.MURALI SHANKAR, J.

das

ORDER MADE IN Crl.R.C.(MD)No.348 of 2023

28.03.2023

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