Allowed

G.Krishnakumar v. N.K.Natarayan

Madras HC17 Dec 2020CRL RC(MD)/667/2016

Case brief

AI extract

What is this about?

The Madras High Court allowed a criminal revision under Sections 397 and 401 of Cr.P.C. challenging a conviction under Section 138 of the Negotiable Instruments Act, as the petitioner settled with the complainant and submitted an undertaking to pay the disputed amount.

What did the court decide?

The impugned judgment of conviction and sentence is set aside; the criminal revision is allowed; connected miscellaneous petitions are closed.

G.Krishnakumar Vs N.K.Natarayan — Cheque Dishonour | Madras HC (2020)

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Crl. R.C.(MD)No.667 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. R.C.(MD)No.667 of 2016 and CRL.M.P.(MD)Nos.9323 & 9324 of 2016

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G.Krishnakumar

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.. Petitioner/Appellant/ Accused

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Vs.

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N.K.Natarajan .. Respondent/Respondent/ Complainant

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Prayer : This Criminal Revision is filed under Sections 397 & 401 of Cr.P.C., to call for the records pertaining to the Judgment and sentence made in C.C.No.5 of 2013 dated 05.03.2016 by the learned Fast Track Court at Magisterial Level, Karur, convicting the petitioner herein under Section 138 of the Negotiable Instruments Act and sentenced him to undergo the Simple Imprisonment for a period of two months and also imposed a fine of Rs.2,000/- and in default of payment of fine, the petitioner to undergo the Simple Imprisonment for a period of 15 days and the same was confirmed by the Judgment of the learned Sessions Court, (Fast Track Mahila Court), Karur, in Criminal Appeal No.40 of 2006 dated 27.07.2016 and set aside the same.

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For Petitioner : Mr.Kannan

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For Respondent : Mr.V.Balaji

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ORDER

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Heard the learned counsel on either side.

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The petitioner had suffered conviction before the Courts below for the offence under Section 138 of the Negotiable Instruments Act. Challenging the same, this criminal revision case came to be filed.

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When the matter was taken up for hearing, the petitioner has come forward to settle the matter. The complainant appears to have been already known to the petitioner. The revision petitioner had gone personally to the complainant and that the parties have https://hcservices.ecourts.gov.in/hcservices/

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Crl. R.C.(MD)No.667 of 2016

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agreed to settle the issue. The petitioner's counsel states that the petitioner will pay a sum of Rs.1,75,000/-(Rupees One Lakh and Seventy Five Thousand only) today. The petitioner's counsel states that the petitioner will pay a sum of Rs.50,000/-(Rupees Fifty Thousand only) on 18.12.2020 and the balance amount of Rs.1,75,000/(Rupees One Lakh and Seventy Five Thousand only) within a period of three weeks from today.

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This solumn undertaking given before this Court by the petitioner through his counsel is recorded. Since the offence is compounded between the parties, the Judgment impugned in this criminal revision case is set aside. This criminal revision case is allowed. Consequently, connected miscellaneous petitions are closed.

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pmu

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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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The Fast Track Judge at Magisterial Level, Karur. 2. The Sessions Judge, (Fast Track Mahila Court), Karur. 3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) Crl. R.C.(MD)No.667 of 2016

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17.12.2020 KM(CO) NR (01/02/2021) 2P : 5C

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

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G.Krishnakumar v. N.K.Natarayan

Case brief

What is this about?

What did the court decide?

G.Krishnakumar v. N.K.Natarayan

Case brief

What is this about?

What did the court decide?

What the court decided

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