Allowed

P. Krishnamoorthy @P.K.Moorthy v. P.K. Palanichamy

Madras HC17 Jul 2020CRL RC(MD)/15/2016

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a criminal revision petition and acquitted the appellant of the charge under Section 138 of the Negotiable Instruments Act, noting that the dispute had been amicably settled with a mutual compromise received by the respondent.

What did the court decide?

The accused is acquitted of the charge under Section 138 of the Negotiable Instruments Act. The compromise memo shall form part of the order.

P. Krishnamoorthy @P.K.Moorthy Vs P.K. Palanichamy — Cheque Dishonour | Madras HC (2020)

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Crl.R.C.(MD).No.15 of 2016

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Bail Slip The Appellant/Accused namely [email protected] S/o.Perumal Karuppanan, was directed to be released on bail as per order of this Court dated 12.01.2016 made in Crl.MP(MD)No.287 of 2016 in Crl.RC(MD)No.15 of 2016.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2020 CORAM

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THE HONOURABLE MR. JUSTICE B.PUGALENDHI Crl.R.C.(MD).No.15 of 2016

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[email protected]

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.. Petitioner/Appellant/ Accused

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Vs.

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P.K.Palanichamy .. Respondent/Respondent/ Complainant

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PRAYER: Criminal Revision Case, filed under Section 397 and 401 of the Criminal Procedure Code, to call for the records pertaining to the order of dismissal in C.A.No.15 of 2012, dated 21.11.2014, passed by the learned V Additional District and Sessions Judge, Madurai, in confirming the conviction and sentence imposed by the learned Judicial Magistrate at Melur in S.T.C.No.710 of 2009 on 27.02.2012 and set aside the same.

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For Petitioner : Mr.S.Ramsundar Vijay Raj for

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M/s.Veera Associates For Respondent : Mr.R.Krishnan

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ORDER

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This Criminal Revision Case has been filed against the Judgment dated 27.02.2012, passed by the learned Judicial Magistrate, Melur, Madurai District in S.T.C.No.710 of 2009, wherein, the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year Simple Imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo three months Simple Imprisonment.

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Today, when the matter is taken up for hearing, learned counsel appearing on either side submitted that the dispute between the petitioner and the complainant has been settled amicably and a sum of Rs.2,50,000/- was settled by the petitioner in favour of the respondent and that was also received by the respondent towards final settlement of dispute and the respondent has no objection in allowing this revision petition. It is further submitted that a compromise memo has also been filed to that effect, wherein, both the parties as well as their respective counsel also signed.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.R.C.(MD).No.15 of 2016

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A copy of the compromise memo has also been filed before this Court.

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Recording the submissions made by the learned counsel appearing on either side, this Criminal Revision Case is allowed. The accused in this case is acquitted of the charge under Section 138 of the Negotiable Instruments Act. The compromise memo shall form part of the order.

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Sd/-

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Assistant Registrar (AD II)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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ENCL:Xerox copy of joint compromise memo

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TM/OGY

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The V Additional District and Sessions Judge, Madurai.

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2.Do Through:The Principal District and Sessions Judge, Madurai.

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3.The Judicial Magistrate, Melur.

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4.Do Through:

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The Chief Judicial Magistrate, Madurai.

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Copy to

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The Section Officer, Criminal Section-2 copies Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-13161[F] dated 20/07/2020 )

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Crl.R.C.(MD).No.15 of 2016 17.07.2020

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KM (07.08.2020) 2P 8C

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https://hcservices.ecourts.gov.in/hcservices/

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P. Krishnamoorthy @P.K.Moorthy v. P.K. Palanichamy

Case brief

What is this about?

What did the court decide?

P. Krishnamoorthy @P.K.Moorthy v. P.K. Palanichamy

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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