Madras High CourtCRL OP/17618/2010closed

G.Venateswari v. P.Cholaraja

2018-12-05Honourable Mr Justice B.Pugalendhi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 05.12.2018

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.No.17618 of 2010 and M.P.No.1 of 2010 G.Venkateswari .. Petitioner Vs.

P.Cholaraja .. Respondent Prayer: Petition filed under Section 482 of Criminal Procedure Code to call for records in C.C.No.7854 of 2008, pending before the learned XIII Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioner : Mr.S.L.Sudarsanam For Respondent : Mr.P.A.Chithramani *****

ORDER

This Criminal Original Petition is arising out of the proceedings initiated by the respondent, as against the petitioner, under Section 138 of the Negotiable Instruments Act.

2. When the matter is taken up for hearing today, learned Counsel for the respondent / complainant had filed an affidavit dated 23.02.2018, stating that

pending criminal original petition, the petitioner's brother, namely, Ramamoorthy and the respondent had mutually agreed and came forward to settle down their issues out of Court before the National Lok Adalat in a connected criminal complaint pending before the 11th Metropolitan Magistrate Court, Saidapet, in C.C.No.10270 of 2010. A joint compromise memo was also entered into between the parties.

3. According to the respondent / complainant, he received a sum of Rs.2,50,000/-, vide pay order dated 14.02.2018, as full and final settlement and is not having any claim as against the petitioner and as such, he is not having any grievance in allowing the present criminal original petition.

4. Under the above circumstances and recording the affidavit of the respondent dated 23.02.2018, this criminal original petition is allowed and accordingly, the proceedings pending against the petitioner in C.C.No.7854 of 2008 on the file of the learned 13th Metropolitan Magistrate, Egmore, Chennai, stands quashed. Consequently, connected miscellaneous petition is closed. Internet : Yes 05.12.2018 Index : Yes / No prm/msm/gk

To The XIII Metropolitan Magistrate, Egmore, Chennai.

B.PUGALENDHI, J.

prm/msm Crl.O.P.No.17618 of 2010 and M.P.No.1 of 2010 05.12.2018