, the High Court allowed criminal revision petitions filed by the accused to set aside convictions. The court noted the parties had settled the issue, the complainant received full amounts, and withdrew original proceedings.
The conviction and sentences were set aside, and the offences were treated as compounded.
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 : 28.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.Nos.551 and 560 of 2019
P.Kala @ Chandrakala
... Petitioner/Appellant/Accused (in both Crl.R.Cs)
Versus
M/s.B.L.Electricals, represented by its Marketing Agent-cumPower of Attorney Agent, Paresh
... Respondent/Respondent/Complainant (in both Crl.R.Cs)
Prayer in Crl.R.C.No.551 of 2019: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., to call for entire case records pertaining to C.A.No.115 of 2011 and set aside the erroneous and perverse order of conviction, dated 17.10.2018 passed by the learned I Additional District and Sessions Judge, Chennai, in C.A.No.115 of 2011 confirming the conviction and sentence, dated 24.05.2011 passed by the learned VIII Metropolitan Magistrate Court, George Town, Chennai, in C.C.No.2335 of 2009 to undergo Simple Imprisonment for six months and pay compensation sum of Rs.2,00,000/- to the complainant, by allowing the above Criminal Revision filed by the accused and acquit her from the above said charges and suspension of sentence.
Prayer in Crl.R.C.No.560 of 2019: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., to call for entire case records pertaining to C.A.No.116 of 2011 and set aside the erroneous and perverse order of conviction, dated 17.10.2018 passed by the learned I Additional District and Sessions Judge, Chennai, in C.A.No.116 of 2011 confirming the conviction and sentence, dated 24.05.2011 passed by the learned VIII Metropolitan Magistrate Court, George Town, Chennai, in C.C.No.2318 of 2009 to undergo Simple Imprisonment for six months and pay compensation sum of Rs.8,00,000/- to the complainant, by allowing the above Criminal Revision filed by the accused and acquit her from the above said charges and suspension of sentence.
For Petitioner : Mr.M.A.Srinivasan (in both Crl.R.Cs) For Respondent : Mr.M.Arvind Kumar (in both Crl.R.Cs)
COMMON ORDER
When these two matters came up for hearing, it is seen that the parties have settled the issue and the complainant has given a letter, dated 13.08.2019, whereby, it is stated that the entire cheque amounts, in both the cases, have been received as full and final settlement and the complainant wants to drop further proceedings and withdraw the cases.
(i) The conviction and sentence of the petitioner, by the judgments, dated 17.10.2018 in C.A.No.115 of 2011 and C.A.No.116 of 2011 of the learned I Additional District and Sessions Judge, Chennai, confirming the conviction and sentence, dated 24.05.2011 in C.C.No.2335 of 2009 and C.C.No.2318 of 2009 respectively, passed by the learned VIII Metropolitan Magistrate Court, George Town, Chennai, are set aside;
(ii) The offences are treated as compounded.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
grs
To
Copy to: The Section Officer, Criminal Section, High Court, Madras.
+2ccs to M/s.M.A.Srinivasan, Advocate, S.R.Nos.40625, 40626
Crl.R.C.Nos.551 and 560 of 2019
NK(CO) UMA(15/07/2022)
1 issue framed by the court
Whether Criminal Revision petitions filed to set aside conviction and sentence in cheque bounce cases should be allowed when the parties have settled the issue and the complainant has withdrawn the or
2 provisions across 2 enactments
P.Kala @ Chandrakala
M/s.B.L.Electricals
D. Bhharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
