Bail Slip The petitioner / accused namely N.Ashokan, S/o. Natesa Mudaliar, aged about 60 years, was directed to be released on bail as per the order of this court dated 16.12.2009 in Crl.M.P.No. 2 of 2009 in Crl.R.C. No.1230 of 2009 on the file of this court. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2015 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Criminal Revision Case No. 1230 of 2009 N. Ashokan ...Petitioner/Appellant (Accused) Versus V. Rajamani ...Respondent/Respondent (Complainant) Criminal Revision Case filed under Section 397 and 401 of the Code of Criminal Procedure against the Judgment dated 08.12.2009 passed in Criminal Appeal No. 56 of 2007 on the file of the Additional District and Sessions Judge (Fast Track Court No.II), Cuddalore confirming the judgment dated 25.04.2007 passed in C.C. No. 175 of 2000 on the file of Judicial Magistrate No.II, Cuddalore.; For Petitioner : Mr. C. Prasanna Venkatesh For respondent : Mr. S. Veerabagu Government Advocate (Crl.side) ORDER Today, when the Criminal Revision Case is taken up for hearing, the learned counsel for both sides submitted that the petitioner and the respondent have arrived at a settlement of the dispute and it was reduced into writing by a memo of compromise. A copy of the compromise memo duly signed on 27.02.2012 has been produced before this Court. According to the counsel for both sides, as per the compromise memo, the petitioner has paid the entire amount payable to the respondent and there is no amount due and payable by him. It https://hcservices.ecourts.gov.in/hcservices/ is also brought to the notice of this Court that pursuant to the execution of the compromise memo, a sum of Rs.1,00,000/- has been deposited by the petitioner to the credit of C.C. No. 175 of 2000 before the trial Court. It is also brought to the notice of this Court that the balance amount has been paid to the respondent by cash. Therefore, the counsel for both sides prayed this Court to permit the respondent to compound the sentence imposed on the petitioner by both the courts below. The learned counsel for the petitioner also made an endorsement to that effect in the case bundle. 2. In the light of the above submission of the counsel for both sides, the compromise entered into between the petitioner and the respondent, which was duly signed by both sides on 27.02.2012 in the presence of counsel for both sides, is hereby recorded. The compromise memo shall form part and parcel of this order. The amount of Rs.1,00,000/- said to have been deposited by the petitioner before the trial Court to the credit of C.C. No. 175 of 2000 shall be permitted to be withdrawn by the respondent. 3. Considering the fact that the dispute has been compromised between the parties and a memo to this effect has also been filed praying to record the compromise memo, this Court is of the view that the conviction and sentence imposed on the petitioner can be permitted to be compounded as per the decision of the Honourable Supreme Court in (i) B.M. Joshi vs. State of Haryana (2003) 4 SCC 675 (ii) Nikhil Merchant vs. C.B.I. 2008 (3) SCC Crl 858 (iii) Jagdish Chanana and others vs. State of Hariyana 2009 (3) SCC Crl. 1157. Accordingly, following the decision of the Honourable Supreme Court referred to above, this Court is of the view that the judgment of conviction passed against the petitioner could be set aside. Accordingly, the judgment dated 08.12.2009 passed in Criminal Appeal No. 56 of 2007 on the file of the Additional District and Sessions Judge (Fast Track Court No.II), Cuddalore confirming the judgment dated 25.04.2007 passed in C.C. No. 173 of 2007 on the file of Judicial Magistrate No.II, Cuddalore are set aside. The Criminal Revision Case is allowed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rsh https://hcservices.ecourts.gov.in/hcservices/ To 1. The Additional District and Sessions Judge (Fast Track Court No.II), Cuddalore 2. -Do- Through The Principal Sessions Judge, Cuddalore. 3. The Judicial Magistrate No.II Cuddalore. 4. -Do- Through The Chief Judicial Magistrate, Cuddalore. 2 CCs to Mr.P.Venkatesh, Advocate SR.No. 47362 Crl.R.C. No. 1230 of 2009 SAI (CO) PSI (14.10.2015) https://hcservices.ecourts.gov.in/hcservices/