Madras High Court
M.Devendran vs A.Varghese on 12 November, 2024
Crl.R.C.(MD)No.946 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Crl.R.C.(MD)No.946 of 2024
and
Crl.M.P.(MD)No.11866 of 2024
M.Devendran ... Petitioner
Vs.
A.Varghese ... Respondent
PRAYER : Criminal Revision Petition filed under Section 397 r/w 401
of Code of Criminal Procedure, to call for the entire records pertaining to
the judgment rendered by the learned II Additional District and Sessions
Judge, Thoothukudi in C.A.No.62 of 2016, dated 13.06.2024, filed as
against the judgment passed by the Fast Track Court (Magisterial Level),
Thoothukudi in C.C.No.225 of 2015 dated 29.11.2016 and set aside the
same and thereby, acquit the petitioner from the charge levelled in the
said case.
1/5
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.946 of 2024
For Petitioner : Mr.S.Micheal Heldon Kumar
For Respondent : Mr.R.Ilayaraja
ORDER
The Criminal Revision is directed against the judgment of
conviction and sentence passed in C.A.No.62 of 2016, dated 13.06.2024,
by the II Additional District and Sessions Judge, Thoothukudi
confirming the judgment of conviction and sentence, dated 29.11.2016,
passed in C.C.No.225 of 2015 by the Fast Track Court (Magisterial
Level), Thoothukudi.
2. When the matter was taken up for hearing on 03.10.2024,
considering the submissions made by the learned counsel appearing for
the petitioner 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
15.10.2024.
https://www.mhc.tn.gov.in/judis
3. When the matter is taken for hearing today (12.11.2024), the
learned counsel appearing for the petitioner has filed a memo along with
the receipt to show that 5% of the agreed amount of Rs.16,250/- (Rupees
Sixteen Thousand Two Hundred and Fifty only) was deposited before the
High Court Legal Services Committee, in pursuance of the direction of
this Court. The said memo is recorded.
4. A joint compromise memo has also been filed by the parties. On
perusal of the same, it is seen that the petitioner has paid the
compromised amount of Rs.3,25,000/- (Rupees Three Lakhs and Twenty
Five Thousand only) to the respondent by way of two Demand Drafts,
and the said Demand Drafts have also been received by the respondent
on 16.10.2024.
5. In view of the above, the offence under Section 138 of
Negotiable Instruments Act stands compounded under Section 147 of
Negotiable Instruments Act. Hence, the Criminal Revision Petition is
allowed, and the judgments of the trial Court and the appellate Court are
https://www.mhc.tn.gov.in/judis
set aside, and the petitioner/accused is acquitted from the charges
levelled against him. Consequently, the connected Criminal
Miscellaneous Petition is ordered.
12.11.2024
mkn
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
To
1.The learned II Additional District and Sessions Judge,
Thoothukudi
2.The Fast Track Court (Magisterial Level),
Thoothukudi
https://www.mhc.tn.gov.in/judis
P.VADAMALAI, J.
mkn
and
Crl.M.P.(MD)No.11866 of 2024
12.11.2024
https://www.mhc.tn.gov.in/judis
