Allowed

A.Chandrasekar v. Sathyendhar

Madras HC8 Dec 2021CRL RC/280/2014

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition filed under sections 397 and 401 of CrPC. Following a joint compromise memorandum where the accused paid the due amount and the complainant withdrew complaints, the court set aside the convictions of the IV Additional Sessions Judge and Magistrate and declared the offence compounded.

What did the court decide?

Revision allowed; judgments of Sessions Judge and Magistrate set aside; offence compounded; petitioner entitled to withdraw deposited security.

A.Chandrasekar Vs Sathyendhar — Cheque Dishonour | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 08.12.2021

¶3

CORAM :

¶4

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.280 of 2014

¶5

A.Chandrasekar .. Revision Petitioner

¶6

Versus

¶7

Sathyendhar .. Respondent

¶8

Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to allow the Criminal Revision Petition and set aside the judgment of conviction imposed by the learned VII Additional Sessions Judge, Chennai in C.A.No.167 of 2011 dated 08.07.2013 confirming the judgment of conviction in C.C.No.14123 of 2005 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai dated 04.07.2011.

¶9

For Revision Petitioner: Mr.C.K.M.Appaji

¶10

For Respondent : Mr.N.S.Sivakumar

¶11

ORDER

¶12

This Criminal Revision Case is filed by the petitioner/accused aggrieved by the conviction for an offence under Section 138 of Negotiable Instruments Act by the judgment of the learned XIV Metropolitan Magistrate, Egmore, Chennai dated 04.07.2011 in C.C.No.14123 of 2005 and the judgment of the learned VII Additional Sessions Judge, Chennai dated 08.07.2013 in Crl.A.No.167 of 2011.

¶13

Today, when the matter came up for hearing, both petitioner/accused and respondent/complainant are present. The learned Counsel on both the sides are present. They filed a joint memorandum of compromise, whereunder, it is stated that the complainant had received Rs.1,10,000/- in full quit towards sum due in both the matters i.e., Crl.R.C.Nos.280 and 281 of 2014 and compounded the cases.

¶14

The said memo is recorded.

¶15

As per the said joint memorandum of compromise, it is seen that a sum of Rs.30,000/-, which is deposited to the credit of C.C.Nos.14123 of 2005 and 14124 of 2005 in receipt Nos.65472 and 65473 in compliance of the bail condition https://hcservices.ecourts.gov.in/hcservices/ imposed in Crl.M.P.No.1 of 2014 in Crl.R.C.No.280 of 2014 and

¶16

in Crl.M.P.No.1 of 2014 in Crl.R.C.No.281 of 2014, is consented to be withdrawn by the petitioner/accused himself, who had deposited the amount. Accordingly, he may be entitled to withdraw the said amount of Rs.30,000/-, which is deposited by him in the Court.

¶17

The Criminal Revision Case in Crl.R.C.No.280 of 2014 stands allowed. The judgment of the learned VII Additional Sessions Judge, Chennai dated 08.07.2013 in Crl.A.No.167 of 2011 and the judgment of the learned XIV Metropolitan Magistrate, Egmore, Chennai dated 04.07.2011 in C.C.No.14123 of 2005 are set aside. The offence stands compounded.

¶18

Sd/Assistant Registrar(CS VIII)

¶19

//True Copy//

¶20

Sub Assistant Registrar

¶21

grs To

¶22

1.The VII Additional Sessions Judge, Chennai.

¶23

2.The XIV Metropolitan Magistrate, Egmore, Chennai. +1 cc to Mr.C.K.M.Appaji, Advocate Sr.NO. 65750

¶24

Crl.R.C.No.280 of 2014

¶25

AD(CO) A.SK(17.12.2021)

¶26

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

A.Chandrasekar v. Sathyendhar

Case brief

What is this about?

What did the court decide?

A.Chandrasekar v. Sathyendhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S.City Men Forex& Travels Vs M/S.My Forex Services Pvt. Ltd.

M/S.City Men Forex& Travels Vs M/S.My Forex Services Pvt. Ltd.

M/S.City Men Forex& Travels Vs M/S.My Forex Services Pvt. Ltd.

A.Chandrasekar Vs Sathyendhar

Vimal Vs S.Venkatesan

C.Thanuskodi Vs the Sub Inspector of Police