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(2023) Law Today Live Doc. Id. 18160
Crl.M.P.(MD)No.6537 of 2023
Decided on: 27.04.2023
For Petitioner:
Mr. G.R. Sathish,
For Respondent:
Mr. V. Muthu Kamatchi
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Compromise/ Compounding of offence after conviction -- Agreed amount deposited -- 5% of agreed amount deposited in High Court Legal Services Authority – Offence u/s 138 of NI Act compounded u/s 147 of Act -- Criminal Revision allowed, the judgments of the trial Court and the Appellate Court set aside and the accused is acquitted from the charges levelled against him.
(Para 1-4)
ORDER
K. MURALI SHANKAR, J. –
The Criminal Revision Case is directed against the Judgment of conviction passed in C.A.No.77 of 2019, dated 12.12.2019 on the file of the learned Additional Sessions Judge/FTMC, Karur, confirming the Judgment of conviction and sentence, dated 17.05.2019 passed in C.C.No.408 of 2017 on the file of the learned Judicial Magistrate Court (Fast Track Court), Karur.
2. When the matter was taken up for hearing on 20.03.2023, considering the submission made by the learned counsel for the petitioner and the respondent that the matter was settled between the parties, this Court has directed the petitioner to deposit 5% of the agreed amount before the High Court Legal Service Authority of this Bench.
3. Today ( 27.04.2023), when the matter is taken for hearing, the learned counsel for the petitioner has filed a memo along with receipt to show that 5% of the agreed amount of Rs.15,000/- was deposited before the High Court Legal Services Committee, in pursuance of the directions of this Court and he has also filed a petition under Section 147 of the Negotiable Instruments Act wherein it has been stated that the petitioner has deposited a sum of Rs.3,00,000/-. The memo is recorded.
4. In view of the above, the offence under Section 138 of Negotiable Instruments Act stands compounded under Section 147 of the Negotiable Instruments Act. Consequently, the Criminal Revision Case is allowed and the judgments of the trial Court and the Appellate Court are set aside and the accused is acquitted from the charges levelled against him. The respondent is permitted to withdraw the amount deposited by the petitioner. Consequently, Crl.M.P.(MD)No.6537 of 2023, is ordered.
Petition allowed.
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