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Madras High CourtCRL OP/891/2023settled before the lokadalats

D.Rajkumar v. N.R.Sivaprakash

2023-08-12Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of August, 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.A.RATHINAVEL PANDIAN Mr.K.V.MUTHU VISAKAN and Crl.M.P. Nos.474 & 479 of 2023 (These Original Petitions filed under Section 482 Cr.P.C to set aside the order dated 05.12.2022 made in Crl. M.P. Nos.16998 & 16999/2022 in C.C. Nos.7233 & 7232 of 2017 on the file of the learned Metropolitan Magistrate cum FTC Court No.II, Egmore, Allikulam). D.Rajkumar

...Petitioner in both Crl.O.Ps.

Vs.

N.R.Sivaprakash ... Respondent in both Crl.O.Ps On representation of counsel for both sides, this cases aretaken up for settlement before the Lok Adalat. Both the parties are present. Mrs.V.Kalapana, the learned counsel for the Petitioner and Mr.B.Chittibabu, the learned counsel for the respondents are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT These Criminal Original Petitions have been filed as against proceedings initiated under the Negotiable Instruments Act, 1881. The parties are present and they have agreed to amicably settle the matter.

2. Today, the complainant has received a sum of Rs.2,10,000/- (Rupees Two Lakhs and Ten Thousand only) by way of demand draft dated 15.06.2023 issued by the Canara Bank, Perambur, Chennai -600 011 in full and final settlement to the satisfaction in pending C.C. Nos.7232 of 2017 and 7233 of 2017 on the file of learned Metropolitan Magistrate cum FTC Court No.II, Egmore, Allikulam.

3. The respondent agrees to receive the said demand draft No.427086 dated 15.06.2023 and also agrees to have the criminal cases quashed for which separate quash proceedings will be initiated by the petitioner and co-operate for having the criminal case in C.C. No.1001 of 2009 (C.C. Nos.7232 of 2017 and 7233 of 2017) on the file of learned Metropolitan Magistrate for Exclusive Trial of cases, Egmore to be quashed.

4. In view of the settlement reached today, the above criminal original petitions are dismissed as settled. Consequently, connected Miscellaneous Petitions also dismissed. The Memo of Compromise dated 12.08.2023 shall form part of the order.

D.Rajkumar Counsel for the Petitioner N.R.Sivaprakash Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To The parties/Advocate concerned Copy to:

1.The Metropolitan Magistrate cum FTC Court No.II, Egmore, Allikulam.

2. The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.

P.B.BALAJI, J.

rkp/rpl and Crl.M.P. Nos.474 & 479 of 2023 12.08.2023