This revision is preferred against two concurrent judgments of Courts below convicting petitioner for offence under Section 138 of the Negotiable Instruments Act and sentencing him to 6 months S.I. and directing to pay Rs.10,00,000/- as compensation under Section 357(3) Cr.P.C. within a period of one month.
2. Learned counsel for petitioner submitted that the matter stands compromised between parties and the respondent/complainant agreed to receive a sum of Rs.3,00,000/-(Rupees Three Lakhs) in full and final settlement. It is also submitted that already a sum of Rs.75,000/-(Rupees Seventy Five Thousand) has been deposited to credit of C.C.No.7363 of 2006 on the file of learned VII Metropolitan Magistrate, George Town, Chennai. Today, learned counsel for petitioner also handed over a DD bearing No.501190 dated 06.02.2017 in a sum of Rs.50,000/- to complainant and agreed to pay the remaining amount of Rs.1,75,000/- within three months starting from March 2017 and the complainant has also agreed for the same.
3. Learned counsel for respondent affirms the submission of learned counsel for petitioner viz., that the dispute stands settled between de facto complainant and petitioner.
4. In view of the Compromise Memo filed to compound the offence signed by parties as also their respective counsel, this Court is inclined to allow this petition. Accordingly, the Criminal Revision Case shall stand allowed. The offence under section 138 of the Negotiable Instrument Act shall stand compounded. Petitioner shall stand acquitted in the case. Compromise Memo dated 07.02.2017 filed to compound the offence shall form part of records. Connected miscellaneous petitions are closed.
21.02.2017 Index:yes/no Internet:yes/no rm To
1.The II Additional Judge, City Civil Court, Chennai.
2.The VII Metropolitan Magistrate, George Town, Chennai.
C.T.SELVAM, J rm Crl.R.C.No.1325 of 2014 and Crl.M.P.Nos.1 and 2 of 2014 21.02.2017 http://www.judis.nic.in