IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 10..11..2017 CORAM THE HON'BLE MR.JUSTICE V.BHARATHIDASAN N.S.Padma [Accused] E.Velvan [Complainant] Crl.R.C.No.925 of 2015 -Versus-
... Petitioner ... Respondent Revision Case filed under Sections 397 r/w 401 of Cr.P.C. praying to set aside judgment dated 12.12.2014 made in Crl.A.No.44 of 2014 by the learned Additional Sessions Judge, Hosur, Krishnagiri, confirming the judgment of conviction and sentence dated 19.06.2014 made in S.T.C.No.204 of 2013 passed by the learned Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District.
For Petitioner : Mr.N.Anand For Respondent : Mr.A.Balamurugan ORDER The petitioner is the Accused in S.T.C.No.204 of 2013. The said case was instituted on a private complaint filed by the respondent herein before the learned Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District for offence under Section 138 of the Negotiable Instruments Act [in short, "the NI Act". The trial court, by judgment dated 19.06.2014 convicted the accused for offence under Section 138 of The NI Act and sentenced him to undergo simple imprisonment for six months and directed the accused to pay a sum of Rs.2,50,000/- to the complainant as compensation under Section 357 of Cr.P.C. On appeal in Crl.A.No.44 of 2014, the learned Additional Sessions Judge, Hosur, by judgment dated 12.12.2014 confirmed the conviction and the sentence. Further aggrieved by the same, the accused is before this court with the present revision petition
2. Pending revision, at request of both parties, the matter was referred to Lok Adalat for amicable settlement. According to the learned counsel on either side, the matter was settled on 09.09.2017 before the Lok Adalat. The operative portion of the order passed by the Lok Adalat reads thus:-
"The Revision filed against conviction and sentence passed in STC No.204 of 2013, in a complaint filed under Section 138 of Negotiable Instruments Act. The total cheque amount is Rs.2,50,000/-. now the parties have agreed to settle the dispute for a sum of Rs.2,25,000/-
The complainant/respondent has agreed to receive a sum of Rs.2,25,000/- in full and final settlement of the claim.
It is stated that the accused/petitioner has already deposited Rs.1,25,000/- to the credit of STC No.204 of 2013, on the file of the Judicial Magistrate (Fast Track Court), Hosur, Krishnagiri District.
The complainant/respondent is permitted to withdraw the said amount of Rs.1,25,000/- and the petitioner/accused has agreed to pay the balance of Rs.1,25,000/- within a period of two months from today.
Post the matter for compliance on 09.11.2017 before the regular court."
3. Subsequently, as agreed before the Lok Adalath, the accused has paid the balance amount of Rs.1,00,000/- to the complainant and the complainant has also acknowledged the receipt of the balance amount by receipt dated 08.11.2017. Today, the learned counsel for the petitioner as well as the respondent filed a joint memo to that effect. The said memo is recorded.
4. In the light of the above position, the criminal revision petition is allowed and the conviction and sentence and also the order for payment of compensation of Rs.2,50,000/- directed by the trial court and as confirmed by the appellate court are hereby set aside in view of the settlement arrived at between the parties before the Lok Adalat. The award passed by the National Lok Adalat shall form part of this order.
10..11..2017 kmk V.BHARATHIDASAN.J., kmk To
1. The Additional District and Sessions Judge, Hosur, Krishnagiri District.
2. The Judicial Magistrate, Fast Track Court, Hosur,Krishnagiri District.
Crl.R.C.No.925 of 2015 10..11..2017