1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2011 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.RC.(MD).No.296 of 2011 G.Durai Raj : Petitioner / Appellant/Accused Vs. Ramaraj : Respondent / Respondent/Complainant PRAYER: Petition is filed under Section 397 and 401 of the Criminal Procedure Code to set aside conviction and sentence made in Crl.A.No.51/2007 dated 10.3.2011 on the file of the Principal District and Sessions Judge, Srivilliputhur confirming th conviction and sentence made in C.C.No.773/2005 dated 02.03.2007 on the file of the Judicial Magistrate at Sivakasi and against the Petitioner herein by allowing the Crl.R.C. For Petitioner : Mr.M.Thirunavukkarasu For Respondent: Mr.K.Jeganathan O R D E R The revision petitioner is the accused in C.C.No. 773 of 2005 on the file of the Court of learned Judicial Magistrate, Sivakasi. Aggrieved by the conviction under Section 138 of the Negotiable Instruments Act, the sentence of one year simple imprisonment and fine of Rs.5,000/- with default three months simple imprisonment passed in the order dated 02.03.2007, preferred an appeal in C.A.No. 51 of 2007 on the file of the Court of Principal Sessions Judge, Virudhunagar District, Srivilliputhur and the said appeal was also dismissed on 10.03.2011, confirming the conviction and sentence passed by the Trial Court. 2. The learned counsel appearing for the revision petitioner would submit that the matter in issue has been settled amicably and the petitioner/accused has paid the entire cheque amount of Rs.3,80,000/- to the respondent/complainant on 03.03.2011 and consequently the offence can be compounded. The petitioner has also taken out M.P.USR.No. 503 of 2011 for compounding the offence. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Yesterday the accused as well as the complainant were present and they were enquired into and they have stated that they have compromised the matter and hence, the offence can be compounded and the revision petitioner /accused can be acquitted. 4. This Court taking into consideration the said facts and circumstances, is ordering the Petition for compounding the said offence. 5. In the result, this Criminal Revision Petition is allowed and the conviction and sentence imposed on the petitioner, vide order dated 02.03.2007 made in C.C.No. 773 of 2005 on the file of the Court of learned Judicial Magistrate, Sivakasi as confirmed in the Judgment, dated 10.03.2011, made in C.A.No. 51 of 2007 on the file of the Court of Principal Sessions Judge, Virudhunagar District, Srivilliputhur, is set aside and the revision petitioner/accused is acquitted. The Court of learned Judicial Magistrate, Sivakasi, is directed to refund the fine amount of Rs.5,000/- to the revision petitioner/accused. The bonds executed by the revision petitioner/accused stand terminated. 6. The Registry is directed to number the petition in M.P.USR.No. 503 of 2011. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1. The Judicial Magistrate Sivakasi 2. The Principal Sessions Judge Virudhunagar District, Srivilliputhur 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:- The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai +One Cc to Mr.M.Thirunavukkarau, Advocate, SR.No.15980 vsg rl/6c – 2.6.2011 CRL.RC.(MD).No.296 of 2011 https://hcservices.ecourts.gov.in/hcservices/