The Madurai Bench dismissed a criminal revision filed under Section 397 CrPC noting that the matter had been compromised, rendering the petition infructuous. The petition was closed without requiring a further order.
The revision petition was closed as infructuous due to compromise; no order required.
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.
Crl.R.C(MD)No.548 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.R.C(MD)No.548 of 2016
Indian Overseas Bank through it's Chief Manager, Mr.G.Sankar 21,Victorial Street, Tuticorin. ...Petitioner/Petitioner Vs 1.State through Sub Inspector of Police, DCB, Thoothukudi District. ...1st Respondent/Complainant 2.SRS Export Pvt Ltd, throguh it's Manager, M.Kutralam 3.M/S.Shanmugam Traders Pvt Ltd, through it's Managing Director, L.Prabhakar. 4.L.Prabhakar 5.L.Annadurai 6.Chellathai 7.L.Jeyakar 8.L.Manohar 9.L.Sudhakar 10.The Tamil Nadu Warehousing Corporation Ltd, Meelavittan Warehouse through it's Manager, Meelavittan, Thoothukudi.
11.IDBI Bank, Tuticorin Branch, Tuticorin. ...2 to 11 Respondents/Respondents
PRAYER: Criminal Revision Case has been filed under Section 397 https://hcservices.ecourts.gov.in/hcservices/ r/w 401 of the Criminal Procedure Code, to call for the records
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Crl.R.C(MD)No.548 of 2016
relating to the order passed in Crl.M.P.No.1271 of 2016, dated 13.05.2016 on the file of the learned Judicial Magistrate -I, Tuticorin and set aside the common order and allow the Criminal Revision.
For petitioner : Mr.M.Senthil Kumar For Respondent : Mr.A.Robinson, No.1 Government Advocate (Crl Side) For Respondent No.2 : Mr.Antony S.Prabhakar For Respondent Nos.3 to 9 : Ms.Prabha Hari For Respondent No.11 : Mr.K.R.Laxman For Respondent No.10 : No appearance
ORDER
This criminal revision case has been filed by the petitioner to set aside the order dated 13.05.2016 passed in Crl.M.P.No.1271 of 2016, on the file of the learned Judicial Magistrate No.I, Tuticorin.
2.When the matter was taken up for hearing, it was brought to the knowledge of this Court that this revision petition has become infructuous as the matter has already been compromised among the petitioner and the respondents and the learned Counsel for the petitioner also submitted that he would file a memo for withdrawing this revision petition.
3.This revision petition has been filed as against the common order passed by the learned Judicial Magistrate, Thoothukudi in Cr.M.P.Nos.1270 and 1271 of 2016, which were filed by the petitioner under Sections 451 CrPC.
4.The earlier orders referred to by the trial Court in Cr.M.P.Nos.80 of 2016 and 81 of 2016 were also challenged before this Court in Crl.R.C.(MD)Nos.275 and 277 of 2016 and those revision cases were closed by order dated 25.07.2016, in view of the compromise arrived between the parties.
5.Though compromise memo is not placed before this Court, the same subject matter in the connected revision cases in Crl.R.C(MD)No.275 and 277 of 2016, were closed by this Court by order dated 25.07.2016 by recording the compromise memorandum of https://hcservices.ecourts.gov.in/hcservices/
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Crl.R.C(MD)No.548 of 2016
understanding arrived between the parties therein and under such circumstances, this petition is also closed, as no further order is required to be passed.
Assistant Registrar ()
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
| dsk | |
|---|---|
| To | |
| 1.The Judicial Magistrate No.I, Tuticorin. |
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| 2.The Sub Inspector of Police, DCB,Thoothukudi District. |
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| Copy to | |
| 1.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. |
|
| 2.The Section Officer,(2 copies) Criminal Section, Madurai Bench of Madras High Court, Madurai. |
|
| Crl.R.C(MD)No.548 of 2016 29.07.2020 |
|
| KM (07.08.2020) 3P 6C |
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1 issue framed by the court
Whether the revision petition should be closed as it has become infructuous due to compromise between the parties.
2 provisions across 1 enactments
Indian Overseas Bank through its Chief Manager, Mr.G.Sankar
State through Sub Inspector of Police, DCB, Thoothukudi District
SRS Export Pvt Ltd
M/S.Shanmugam Traders Pvt Ltd
L.Prabhakar
IDBI Bank, Tuticorin Branch
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
