ELAVALUTHI Vs. R.MURUGANANTHAM

JUDGEMENT

(1.) This Criminal Revision Petition has been filed to to set aside the judgment of the learned Judicial Magistrate Court, Sathankulam in S.T.C.No.114 of 2013, dtd. 15/4/2016 and confirmed by the learned I Additional District and Sessions Judge, Thoothukudi in C.A.No.16 of 2016 dtd. 3/11/2016 and the petitioner herein.

(2.) When the matter is taken up for hearing today, the learned counsel appearing for the revision petitioner/accused would submit that the cheque amount involved in this case is Rs.2,00,000.00 and at the time of admission of criminal revision and suspension of sentence, the petitioner/accused was directed to deposit Rs.1,00,000.00 to the credit of S.T.C.No.114 of 2013, pursuant to which, the petitioner has deposited the said amount before the learned Judicial Magistrate Court, Sathankulam, on 4/12/2019. Subsequently, the matter has also been compromised between the parties. Pursuant to which, the petitioner has also paid further amount of Rs.1,00,000.00 by way of demand draft and the respondent/complainant has also acknowledged the receipt to the same. Now the parties have settled the matter and they have decided to compound the offence and they have also filed a Joint Compromise Memo before this Court and thereby, the revision may be allowed based on the Joint Compromise Memo and the conviction and sentence imposed by the trial Court, which has been confirmed by the Appellate Court may be set aside and the respondent/Complainant may be permitted to withdraw the amount of Rs.1,00,000.00 lying in the deposit of the trial Court.

(3.) The learned counsel appearing for the respondent/complainant would submit that the matter has been compromised between the parties and he would also submit that they have also executed a joint compromise memo and the parties are also present before this Court. The parties are identified by their respective counsels.