Duraipandian v. K.Rajini Mohan(Died)

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 31st day of October, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B. GOKULDAS (Retd.) and Member Mr.N.Balasubramanian, District Judge (Retd) Crl.R.C.No.135 of 2019 and Cr.M.P.Nos.942 and 943 of 2020 This Criminal Revision Petition is filed to set aside the order of Judgment passed in Crl.A.No.81 of 2019 dated 20.12.2019 on the file of II Additional District and Sessions Judge in confirming the order of conviction dated 06.03.2019 passed in STC.No.875 of 2017 on the file of the District Munsif cum Judicial Magistrate, Kodumudi and sentencing the petitioner to undergo one year simple imprisonment under Section 138 of the Negotiable Instruments Act, 1882 r/w 255(2) of CRPC and to pay compensation of Rs.2,47,500/- to the respondent failing which to have to undergo two months simple imprisonment.

Duraipandian .. Petitioner/Appellant/Accused Vs.

1.K.Rajini Mohan (died) 2.Kamalaveni .. Respondent/ Respondent/Complainant On representation of counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both the parties are present. 1/4

Mr.Prakash Raj for Mr.Deepan Uday, learned counsel for the Petitioner and Mr.M.Karthik for Mr.I.C.Vasudevan, learned counsel for the second 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 the parties are present along with their counsels. A Joint Memorandum of Compromise dated 31.10.2022 has been filed by the parties duly signed by them and their respective counsels and recorded.

2. In view of the above compromise, this Criminal Revision Petition Shall stand disposed off on the terms of the Joint Memorandum of Compromise. The joint memo of compromise shall form part of the order. Consequently, connected Miscellaneous Petitions are closed. The judgment of conviction and sentence passed by the Court below is set aside and the petitioner is acquitted of the charge under Section 138 of the N.I. Act. Duraipandian Counsel for the Petitioner Kamalaveni Counsel for the second respondent 2/4

This Lok Adalat award is passed in terms of the above settlement. The 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. Judge Member To The parties/Advocate concerned Copy to:

1. The II Additional District and Sessions Judge, Erode District at Erode.

2. The District Munsif cum Judicial Magistrate, Kodumudi 3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, Crl.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras + 2 copies drl 3/4

B. GOKULDAS (Retd.) drl Crl.R.C.No.135 of 2020 and Cr.M.P.Nos.942 and 943 of 2020 31.10.2022 4/4