Muthu & Sons vs S.Selvaraj
2024 Latest Caselaw 177 Mad

Madras High Court

Muthu & Sons vs S.Selvaraj on 3 January, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                       Crl.R.C.(MD) No.236 of 2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 03.01.2024

                                                       CORAM

                                  THE HON'BLE MRS.JUSTICE R.HEMALATHA

                                            Crl.R.C.(MD) No.236 of 2019
                                                       and
                                       Crl.M.P.(MD) Nos.3501 & 3502 of 2019

                    1.Muthu & Sons,
                      rep. through its Proprietor
                      G.Muthuramalingam,
                      No.20/20,
                      Girls Higher Secondary School Street,
                      Cumbum.

                    2.G.Muthuramalingam                                        ... Petitioners

                                                          Vs.

                    S.Selvaraj                                                 ... Respondent

                              Criminal Revision Case filed under Section 397(1) r/w. Section 401
                    of the Code of Criminal Procedure, 1973, praying to call for the records
                    and set aside the conviction in C.A.No.112 of 2017 dated 15.03.2019 on
                    the file of the V Additional District and Sessions Court (FTC), Theni by
                    confirming the sentence passed by the learned Judicial Magistrate, Fast
                    Track Court (M.L.), Uthamapalayam in S.T.C.No.14 of 2015 dated
                    28.09.2017 and acquit the petitioners.




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https://www.mhc.tn.gov.in/judis
                    Page No. 1 of 4
                                                                         Crl.R.C.(MD) No.236 of 2019

                                   For Petitioners       : Mr.D.Vijayaragavan

                                   For Respondent        : Mr.C.Ramesh


                                                         ORDER

When the matter was taken up for hearing, a memo dated

14.10.2023 was filed by the respondent/complainant stating that he has

received the entire cheque amount of Rs.4,00,000/- [Rupees Four Lakhs

only] from the petitioners/accused through Demand Drafts (D.D.) as

detailed hereunder:

Sl. No. Demand Draft No. Amount 1 000178 Rs.2,00,000/-

2 967209 Rs.1,00,000/-

3 967250 Rs.1,00,000/-

Total Rs.4,00,000/-

2. He therefore prayed for closing the present Criminal Revision

Case.

3. The said memo dated 14.10.2023 filed by the

respondent/complainant is recorded. The conviction and sentence passed

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

by the learned Judicial Magistrate, Fast Track Court at JM Level,

Uthamapalayam in S.T.C.No.14 of 2015 dated 28.09.2017 which was

confirmed by the learned Additional District and Sessions Judge (FTC),

Theni vide impugned Judgment dated 15.03.2019 passed in C.A.No.112

of 2017, is set aside.

4. Accordingly, this Criminal Revision Case is allowed.

Consequently, connected Miscellaneous Petitions are closed.

03.01.2024 Index: Yes/ No Neutral Citation: Yes / No Speaking order / Non-Speaking order JEN

To

1.The V Additional District and Sessions Judge, (FTC), Theni.

2.The Judicial Magistrate, Fast Track Court (M.L.), Uthamapalayam.

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

R.HEMALATHA, J.

JEN

Crl.R.C.(MD) No.236 of 2019 and Crl.M.P.(MD) Nos.3501 & 3502 of 2019

03.01.2024

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