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Madras High CourtCRL OP/25377/2016allowed

M/S.Tako Mega Constructions v. M/S.Bhagwandas Metals Ltd.,

2020-09-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:04.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos. 25377 & 25378 of 2016 CRL.M.P.Nos.12311 to 12314 of 2016 1.M/s.Tako Mega Constructions, Rep.by authorised signatory Mr.Yong Cheori Kim, No.104, SPH Road, Pollivakkam Village, Thiruvallur District.

2.Kim, Authorised Signatory, M/s.Tako Mega Constructions, No.104, SPH Road, Pollivakkam Village, Thiruvallur District.

...Petitioners in both Crl.O.Ps

Vs.

M/s.Bhagwandas Metals Ltd., Rep.by Mr.Saravanan, No.61, Sembudoss Street, Chennai-600 001.

...Respondent in both Crl.O.Ps

COMMON PRAYER : Criminal Original Petitions filed under Section 482 of Cr.P.C., to dispense with the personal appearance of the 2nd petitioner/2nd accused in C.C.Nos.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1, pending disposal of the above criminal original petition (ii) stay all further proceedings in C.C.Nos.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1, pending disposal of the above petition (iii) call for the records in C.C.Nos.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1 and quash the same as the complaint which is biased, illegal and unsustainable.

For Petitioners in both Crl.O.Ps : Mr.S.L.Sundarasanam For Respondents in both Crl.O.Ps : Mr.A.Thirumaran https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER These Criminal Original Petitions have been filed to dispense with the personal appearance of the 2nd petitioner/2nd accused in C.C.No.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1, pending disposal of the above criminal original petition (ii) stay all further proceedings in C.C.No.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1, pending disposal of the above petition (iii) call for the records in C.C.No.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1 and quash the same.

2. Two Joint Memo of Compromise have been filed before this Court which have been signed by the petitioners and the respondent and also by their respective counsel. This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement among themselves. Under such circumstances, no useful purpose will be served in keeping the C.C.Nos.2252 & 2373 of 2016 pending.

3. In view of the above, these Criminal Original Petitions stand allowed and the proceedings in C.C.No.2252 & 2373 of 2016 on the file of the VII Metropolitan Magistrate Court, George Town, Chennai-1 are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To The VII Metropolitan Magistrate Court, George Town, Chennai-1.

+2cc to Mr.S.C.Sudarsanam, Advocate, SR.No.29170 Crl.O.P.Nos. 25377 & 25378 of 2016 NRL(CO) RN(06/11/2020) https://hcservices.ecourts.gov.in/hcservices/