In a second appeal revision against a convicted cheque dishonour case, the Court set aside the conviction and sentence upon parties compounding the offence. The Court directed the trial court to refund the fine paid by the petitioner.
Conviction and sentence set aside; offence compounded; trial court directed to refund fine of Rs.5000/-
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
Crl. Revision Case No.1352 of 2015
Madhaiyan ... Petitioner/Accused
Versus N. Rameshbabu ... Respondent/Complainant
Criminal Revision Case filed under Section 397 r/w 401 of the Criminal Procedure Code against the Judgment of the learned Additional District and Sessions Judge, Dharmapuri in Criminal Appeal No.22 of 2013 dated 05.12.2015 affirming the Judgment imposing conviction and sentence by the trial court, namely, the learned Judicial Magistrate (FTC), Dharmapuri in S.T.C.No.128 of 2011 by the Judgment dated 14.03.2013 and revise the same.
For Petitioner : Mr.V.Rajamohan
For Respondent : Mr.D.Nellaiappan
The revision has been filed against the order of dismissal passed by the learned Additional District and Sessions Judge, Dharmapuri, in Crl.A.No.22 of 2013 dated 05.12.2015.
conviction and sentence of the trial Court and dismissed the appeal by Judgment dated 05.12.2015.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
mrp
To
3 issues framed by the court
Whether conviction and sentence under Section 138 NI Act can be set aside upon compounding of the offence by the parties.
Whether the fine amount is refundable upon compounding of the offence.
Whether the criminal revision under Section 397 r/w 401 CrPC is disposed of after compounding.
2 provisions across 2 enactments
Madhaiyan
N. Rameshbabu
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
