TMI Blog2022 (5) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... trial on a complaint filed by the respondent/complainant before the Judicial Magistrate Court No. 2, Coimbatore, for the offence under Section 138 of the Negotiable Instruments Act. After full fledged trial, the learned Judicial Magistrate Court No. 2, Coimbatore, had acquitted the petitioner/accused, by judgment dated 19.04.2011. Aggrieved against the acquittal, the respondent/complainant had preferred an appeal before the Sessions Court in C.A. No. 153 of 2017. The III Additional District and Sessions Judge, Coimbatore, by judgment dated 19.12.2017, reversed the judgment of acquittal passed by the trial Court and convicted the petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to deposit 50% of the compensation amount of Rs. 9,00,000/-. Thereafter, a modification petition in Crl.M.P. No. 8258 of 2018 was filed, since the petitioner was unable to mobilize Rs. 4,50,000/- immediately. This Court, considering the difficulty of the petitioner, modified the condition, by order dated 29.06.2018, directing the petitioner to deposit Rs. 3,00,000/- immediately and thereafter, to deposit the balance amount of Rs. 1,50,000/- within a period of eight weeks thereafter. 4. The learned counsel for the petitioner/accused submitted that the petitioner had deposited Rs. 3,00,000/- before the trial Court by way of Receipt dated 16.07.2018 and Rs. 1,50,000/- by way of Receipt dated 07.08.2018 to the credit of C.C. No. 169 of 2009. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal District and Sessions Judge, Coimbatore, in C.A. No. 153 of 2017, dated 19.12.2017, is set aside. The Joint Memo of Compromise, dated 25.04.2022, filed by the parties, shall form part of this order. Bail Bond, if any, executed by the petitioner/accused shall stand discharged. 8. The respondent is directed to file an appropriate petition seeking return of Rs. 4,50,000/-, lying to the credit of C.C. No. 169 of 2009 before the trial Court, deposited by the petitioner/accused vide Receipts dated 16.07.2018 for Rs. 3,00,000/- and 07.08.2018 for Rs. 1,50,000/-. On filing of such petition by the respondent/complainant, the trial Court shall return the money to the respondent/complainant on the same day, without notice to the petitioner/accu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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