1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.03.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD) No.154 of 2011 T.R.Balasubramanian . . . Revision Petitioner/Accused Vs. S.Shanmugasundaram . . .Respondent/Complainant Criminal Revision Case is filed under Sections 397 r/w 401 of Cr.P.C praying to call for the records in C.A.No.72 of 2008 dated 15.09.2010 on the file of the Additional Sessions Judge, Fast Track Court No.2, Thiruchirappalli confirming the conviction passed in C.C.No.828 of 2006 dated 22.05.2008 by the learned Judicial Magistrate No.V, Thiruchirappalli. For petitioner : Mr.N.Mohideen Basha For Sole respondent : Mr.M.Suri O R D E R The revision petitioner is the accused in C.C.No.828 of 2006 on the file of the Court of Judicial Magistrate No.V, Trichirappalli, which has been filed under section 138 of the Negotiable Instruments Act and the respondent is the complainant. 2. The trial Court has convicted the petitioner herein to undergo Rigorous Imprisonment for one year and to pay a compensation of Rs.2,10,000/- vide order dated 22.05.2008. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.72 of 2008 on the file of the Court of Additional District and Sessions Judge, (Fast Track Court No.II), Trichirappalli. The lower appellate Court vide order dated 15.09.2010 has confirmed the judgment of conviction by the trial Court and challenging the vires of the same, the present revision has been filed. 3. When the matter is listed today, a memo and a compromise agreement has been filed under Section 147 of the Negotiable Instruments Act read with Section 320(8) of Criminal Procedure Code, wherein it is stated that the revision petitioner/accused has paid the entire cheque amount of Rs.2,10,000/- (Rupees Two Lakhs and Ten Thousand only) to the respondent/complainant and it was also acknowledged by the respondent/complainant. 4. The learned counsel for the revision petitioner/accused and the learned counsel for the respondent/complainant would submit that the matter in dispute has been compromised between the parties and therefore, https://hcservices.ecourts.gov.in/hcservices/ 2 appropriate orders may be passed in terms of Section 147 of the Negotiable Instruments Act. 5. The memo of compromise dated 01.03.2011 and the compromise agreement dated 22.02.2011 are placed on record. In view of the payment of the cheque amount by the revision petitioner/accused to the respondent/complainant, the case is compounded in terms of Section 147 of the Negotiable Instruments Act, the impugned order in C.A.No.72 of 2008 on the file of the F.T.C.No.2, Trichy is set aside and the revision petitioner is acquitted and the revision petition is allowed. SD/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To: 1.The Additional District and Sessions Judge, Fast Track Court No.II, Trichirappalli. 2.The Judicial Magistrate No.V, Trichirappalli. +1 CC TO MR. M. SURI, ADVOCATE S.R NO. 5902 Crl.R.C.(MD) No.154 of 2011 08.03.2011 sj PAM 21.03.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/