Madras High Court
Ashraf Ali ...Revision vs Kannan on 31 March, 2023
Crl.R.C.(MD) No.277 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.277 of 2023
and
Crl.M.P.(MD)Nos.4018 and 4019 of 2023
Ashraf Ali ...Revision Petitioner/Appellant/
Sole Accused
Vs.
Kannan ... Respondent/Respondent/
Complainant
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for the records pertaining to the judgment in
Criminal Appeal No.144 of 2019 dated 10.10.2022 on the file of the learned IIIrd
Additional District and Sessions Judge, Thanjavur by confirming the Judgment
passed in S.T.C.No.72 of 2019 dated 10.10.2019 on the file of the learned Judicial
Magistrate (Fast Track Court), Pattukottai and set aside the same by allowing the
above criminal revision.
1/4
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Crl.R.C.(MD) No.277 of 2023
For Petitioner : Mr.I.Kalantar Aasik Ahamadu
For Respondent : Mr.S.Kamaraj
ORDER
The Criminal Revision is directed against the Judgment of conviction and
sentence passed in C.A.No.144 of 2019, dated 10.10.2022 on the file of the III
Additional District and Sessions Judge, Thanjavur @ Pattukkottai, confirming the
Judgment of conviction and sentence, dated 10.10.2019 passed in S.T.C.No.72 of
2019 on the file of the Judicial Magistrate (Fast Track Court), Pattukottai.
2. When the matter was taken up for hearing on 16.03.2023, considering
the submissions made by the learned counsel appearing 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 attached to this Bench on or before 23.03.2023.
3. When the matter is taken for hearing today, the learned counsel
appearing for the petitioner would submit that the petitioner has deposited 5% of
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Crl.R.C.(MD) No.277 of 2023
the agreed amount before the High Court Legal Services Committee, in pursuance
of the direction of this Court and he has also filed a petition under Section 147 of
the Negotiable Instruments Act, wherein, it has been stated that the petitioner has
paid a sum of Rs.5,40,000/- to the respondent. The memo is recorded.
4. The learned counsel appearing for the respondent has filed an affidavit
stating that the respondent has received Rs.2,40,000/- as cash and Rs.3,00,000/-
as Demand Draft from the petitioner.
5. In view of the above, the offence under Section 138 of Negotiable
Instruments Act stands compounded under Section 147 of the Negotiable
Instruments Act. Hence, the Criminal Revision 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. Consequently, connected Miscellaneous
Petitions are closed.
31.03.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.277 of 2023
K.MURALI SHANKAR, J.
csm
ORDER MADE IN
Crl.R.C.(MD)No.277 of 2023
and
Crl.M.P.(MD)Nos.4018 and 4019 of 2023
31.03.2023
https://www.mhc.tn.gov.in/judis
