V.DEIVANAYAGAM Vs. SARAVANAN

JUDGEMENT

(1.) This petition has been filed seeking direction to record the compromise and acquit the petitioner from conviction and sentence imposed by I Additional Sub Judge, Tirunelveli in CA No.64 of 2005 dated 31.03.2006 confirming the judgment of the Judicial Magistrate, Tenkasi, Tirunelveli District in CC No.542 of 2003 dated 17.2.2005 and release the petitioner from Central Prison, Palayamkottai.

(2.) The learned counsel for the petitioner would submit that the respondent initiated proceedings under Section 138 of the Negotiable Instrument Act against the petitioner and in the said proceedings, the petitioner was convicted and sentenced to undergo one year simple imprisonment and to pay a fine of Rs.4000/- indefault to undergo three months simple imprisonment by judgment dated 17.02.2005. As against which, the petitioner preferred appeal in C.A.No.64 of 2005 and the learned I Additional Sub Judge, Tirunelveli vide judgment dated 31.03.2006 dismissed the same and confirmed the conviction and sentence imposed by the trial court. Challenging the same, the petitioner preferred revision before this Court in Crl.R.C(MD) No.69 of 2007 and this Court by order dated 03.12.2010 modified the sentence and directed him to pay a fine of Rs.1,00,000/- in addition to the fine amount already paid as compensation to the complainant instead of one year simple imprisonment imposed by the court below. Even after the dismissal of the revision, the petitioner did not comply with the conditions imposed by this Court. Therefore, he was remanded to prison on 30.08.2019.

(3.) The learned counsel for the petitioner would further submit that as directed by this court, the petitioner has now complied with the said condition and paid the entire amount to the defacto complainant and the defacto complainant has also accepted the same. Today the defacto complainant also present before the Court and stated that the entire amount was received by him from the petitioner.