(Dhananjaya Y. Chandrachud and Hemant Gupta, JJ.)
Packiayaraj Augustine ______________________________ Appellant;
v.
Devaraj Nadar ____________________________________ Respondent.
Criminal Appeal No. 221 of 2020 (Arising out of SLP (Criminal) No 979 of 2020) (Arising out of SLP (Criminal) Diary No 42710 of 2019), decided on February 3, 2020
The Order of the court was delivered by
Order
1. Delay condoned.
2. Leave granted.
3. This appeal has arisen from an order of the Madurai Bench of the Madras High Court dated 25 October 2018. The High Court dismissed a Criminal Revision Petition challenging the judgment of the IInd Additional District and Sessions Judge, Thoothukudi, dated 20 September 2016 which had confirmed the conviction of the appellant for an offence under Section 138 of the Negotiable Instruments Act 1881 and the sentence of one year simple imprisonment imposed on him together with a fine of Rs. 3,000.
4. Notice was issued by this Court on 06 January 2020.
5. The respondent has entered appearance.
6. The appellant has filed an application for compounding the offence stating that the dispute with the respondent has been settled in terms of a compromise agreement executed between the parties on 27 January 2020. Under the terms of the agreement, the respondent has received a sum of Rs. 5,50,000 (Rupees Five Lakhs Fifty Thousand only) from the appellant.
7. We consider it appropriate and proper to take the application on record and accordingly pass an order in terms thereof. The order of conviction and the sentence imposed on the appellant shall, accordingly, stand set aside.
8. In view of the above order, the appellant who is serving out his sentence at Central Prison, Palayamkottai, shall be released forthwith, if not required in any other case.
9. The appeal stands disposed of in the above terms.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 42710/2019
(Arising out of impugned final judgment and order dated 25-10-2018 in CRLRC(MD) No. 846/2016 passed by the High Court of Judicature at Madras at Madurai)
Packiayaraj Augustine.….Petitioner(s)
v.
Devaraj Nadar.….Respondent(s)
(FOR ADMISSION and I.R. and IA No. 192778/2019-CONDONATION OF DELAY IN FILING and IA No. 192780/2019-EXEMPTION FROM FILING O.T. and IA No. 18192/2020 – COMPOUNDING OFFENCE)
Date : 03-02-2020 This matter was called on for hearing today.
(Before Dhananjaya Y. Chandrachud and Hemant Gupta, JJ.)
For Petitioner(s) Mr. Beno Bencigar, Adv.
Mr. Parijat Kishore, AOR
For Respondent(s) Ms. Rangoli Seth, Adv.
Ms. G. Indira, AOR
Mr. K.V. Jagdishvaran, Adv.
UPON hearing the counsel the Court made the following
ORDER
10. Delay condoned.
11. Leave granted.
12. The appeal stands disposed of in terms of the signed order.
13. Pending applications stand disposed of.
———
