IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2017 CORAM:
THE HONOURABLE DR.JUSTICE S.VIMALA CRL.R.C.No.1469 of 2016 and CRL.M.P.Nos.12662 and 12908 of 2016
1. Mr.V.Nijamuddin
2. M/s.Zannor International, Rep by its Sole Proprietor, Mr.V.Nijamuddin No.21, Pattani Moosamiyan Street, Ambur, Vaniyambadi Taluk, Vellore District. .. Petitioners/Petitioners Vs.
Mr.N.Damodaran .. Respondent/Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w.401 Criminal Procedure Code to set aside the judgment dated 15.11.2016 passed by the XV Additional Sessions Court at Chennai in Crl.A.No.114 of 2015 in C.C.No.3616 of 2010, Metropolitan Magistrate, Fast Track Court-I, Egmore, Chennai-8.
For Petitioners : Mr.M.Anandaraj For Respondent : Mr.Asokapathy
O R D E R
Heard both sides.
2. The demand draft dated 31.10.2017 for a sum of Rs.1,40,000/- (Rupees one lakh forty thousand only) in favour of V.Nijamuddin has been handed over by the learned counsel for the respondent herein to the learned counsel appearing for the complainant/1st petitioner herein.
3. The learned counsel appearing for the complainant on instructions would submit that this amount of Rs.1,40,000/- (Rupees one lakh forty thousand only) has been accepted as final payment towards the compromise entered into between the revision petitioner and the defacto complainant, on 10.01.2017.
4. In view of the above, the conviction passed by the Metropolitan Magistrate Fast Track Court-1, Egmore, Chennai in C.C.No.3616 of 2010, and as confirmed in C.A.No.114 of 2016 on the filed of XV Additional Sessions, Court Chennai, stands set-aside and the accused is acquitted of the charge under section 138 of the Negotiable Instrument Act. The Joint memo of compromise entered into between the parties shall form part of this order.
5. The criminal revision petition is disposed of in the above terms.
Consequently, the connected miscellaneous petitions are closed.
10.11.2017 kv To 1. The XV Additional Sessions Court at Chennai. 2.Metropolitan Magistrate, Fast Track Court-I, Egmore, Chennai-8.
3. The Public Prosecutor, High Court, Madras.
Dr.S.VIMALA,J.
Kv CRL.R.C.No.1469 of 2016 and CRL.M.P.Nos.12662 and 12908 of 2016
10.11.2017