M.Amirthalingam vs V.Dhakshinamoorthy (Died)
2024 Latest Caselaw 17659 Mad

Madras High Court

M.Amirthalingam vs V.Dhakshinamoorthy (Died) on 5 September, 2024

                                                                               Crl.R.C.(MD)No.791 of 2024

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 05.09.2024

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                                 Crl.R.C.(MD)No.791 of 2024
                                                             and
                                                 Crl.M.P.(MD)No.8677 of 2024


                 M.Amirthalingam                                                         ... Petitioner

                                                             Vs.

                 V.Dhakshinamoorthy (Died)
                 D.K.Balaji                                                               ... Respondent

                 Prayer : This Criminal Revision has been filed under Section 438 r/w 442 BNSS,
                 to set aside the order in Crl.A.No.78 of 2019 dated 08.01.2024 on the file of the
                 Additional District Judge/Presiding Officer Spl Court under EC Act, Thanjavur,
                 modifying the sentence, passed in C.C.No.06 of 2017 (STC.No.396/2016) dated
                 27.12.2018 on the file of the Judicial Magistrate (Fast Track), Magistrate Level,
                 Thanjavur.


                                    For Petitioner    : Mr.A.Senthil Kumar

                                    For Respondent    : Mr.L.Jeen Felix



                 1/4

https://www.mhc.tn.gov.in/judis
                                                                            Crl.R.C.(MD)No.791 of 2024

                                                         ORDER

The Criminal Revision is directed against the Judgment of conviction and

sentence passed in Crl.A.No.78 of 2019, dated 08.01.2024 on the file of the

Additional District Judge/Presiding Officer Spl Court under EC Act, Thanjavur,,

modifying the sentence, passed in C.C.No.06 of 2017 (STC.No.396/2016) dated

27.12.2018 on the file of the Judicial Magistrate (Fast Track), Magistrate Level,

Thanjavur.

2.When the matter was taken up for hearing on 27.08.2024, 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.

3.When the matter is taken for hearing today, the learned counsel appearing

for the petitioner has filed a memo dated 02.09.2024 along with receipt to show

that 5% of the agreed amount of Rs.10,000/- was deposited before the High Court

Legal Services Committee, in pursuance of the direction of this Court. The above

said Memo dated 02.09.2024 is recorded.

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

4.The learned counsel appearing for the petitioner has also filed a petition

under Section 147 of Negotiable Instruments Act r/w Section 359 BNSS wherein,

it has been stated that the petitioner has paid a sum of Rs.2,00,000/- (Rupees Two

Lakhs only) to the respondent. The learned counsel appearing for the petitioner

would submit that the petitioner/accused is in Central Prison, Trichy.

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 set aside and the petitioner/accused is

acquitted from the charges levelled against him. The petitioner is ordered to be

released from the prison, if not required in any other case. Consequently, Crl.M.P.

(MD) No.8677 of 2024 is ordered.

                                                                                           05.09.2024
                 NCC                 : Yes/No
                 Index               : Yes/No
                 Internet            : Yes/No
                 gns

                 Note: Issue order copy on 06.09.2024





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



                                                                      K.MURALI SHANKAR, J.


                                                                                               gns

                 To

1.The Additional District Judge/Presiding Officer Spl Court under EC Act, Thanjavur,

2.The Judicial Magistrate (Fast Track), Magistrate Level, Thanjavur.

3.The Superintendent of Prison, Central Prison, Trichy.

05.09.2024

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