V.Viswanathan v. V.Latha

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June, 2015 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE MR.JUSTICE A.RAMAMURTHI (Retd) and Members Mrs.D.Prasanna, Advocate Mr.R.Thayalan, District Judge (Retd) Crl.R.C.No.1054 of 2014 (Criminal Revision Case against the judgment dated 10.10.2014 in Crl.A.No.227 of 2013 on the file of the XVIII Addl. Sessions Court, Chennai, against the judgment dated 01.10.2013 in C.C.No.9282 of 2004 on the file of the Metropolitan Magistrate-FTC-4, George Town, Chennai). V.Viswanathan .. Petitioner Vs.

V.Latha .. Respondent Both the parties are present. Mr.M.Prabakar, learned counsel for the petitioner and Mr.M.L.Sripathi, learned counsel for the respondent 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 Both parties agreed to settle the claim for Rs.4,50,000/- in full quit.

2. Today, a Demand Draft in No.273700, dated 06.08.2015 for Rs.50,000/- drawn on Bank of Maharashtra, Chennai Service Branch, in favour of the respondent-V.Latha, is handed over to the learned counsel for the respondent. The petitioner agreed to pay the balance amount in three instalments. The first instalment of Rs.1,40,000/- has to be paid by means of DD on or before 08.09.2015 and the petitioner shall send it by RPAD to the respondent. Similarly, the second instalment of Rs.1,40,000/- has to be paid by means of DD on or before

08.10.2015 and it shall be sent by the petitioner by RPAD. The last instalment of Rs.1,20,000/- has to be paid by means of DD to the respondent on or before 08.11.2015 by RPAD.

3. If the petitioner fails to pay any one of the above instalments, within the stipulated dates as mentioned above, he is liable to pay interest @ 12% per annum for the defaulted amount.

4. On payment of such full amount of Rs.4,00,000/- in the above instalments, the conviction and sentence imposed on the petitioner shall stand set aside. The Crl.R.C. is disposed of accordingly.

sd/- ( ) Counsel for the petitioner Petitioner sd/- Respondent ( ) Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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.

sd/- sd/- Judge sd/- Member Member Dated:-08/08/2015 CS This matter having been listed under the caption adjourned cases before Lok Adalath on 11.02.2016 in pursuant to the order of this Court, dated 08.08.2015 and made herein in the presence of the above said counsel on the either side, this Court made the following order:

Both the parties and their respective counsel are present. Compromise was already entered into between the parties and the award was passed on 08.08.2015. Already a sum of Rs.4,00,000/- was paid by way of demand draft. The balance

amount with interest at 12% per annum amounting to Rs.16,000/- (Rupees Sixteen Thousands only) is paid and the same is received by the complainant.

Since the parties have compounded, the conviction and sentence imposed on the petitioner is set aside and the revision is ordered accordingly. sd/- Assistant Registrar(Cs-III) /TRUE COPY/ Sub-Assistant Registrar To,

1. XVIII Additional Sessions Court, Chennai.

2. Metropolitan Magistrate Court-FTC-4, George Town, Chennai.

3. The Secretary, High Court Legal Services Committee, Chennai.

4. The Section Officer, Criminal Section/E.R. Section, High Court, Madras.

5. The Section Officer, Lok Adalat Section, High Court, Madras. + 2 copies Crl.R.C.No.1054 of 2014 CO-GJ JD 15/02/2016