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Madras High CourtCRL A/243/2022disposed of

Sree Gokulam Chits And Finance Co., (P) Limited v. O.K.A. Mohammed Rafik

2026-02-09Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL.A.No.243 of 2022 Sree Gokulam Chits And Finance Co., (P) Limited Rep By Its Managing Director and Foreman Rep By Its Power Agent, Hari Krishnan, Having Regional Office At, Sree Gokulam Towers, 100 Feet Road, 7th Street, Gandhipuram, Coimbatore.

..Appellant(s) Vs.

1. O.K.A. Mohammed Rafik S/o. Not Known, Proprietor M/s. City Steel Corporation, Having Office At No.145-a, Patel Road, Peelamedu, Coimbatore.

2. State Rep By Public Prosecutor, Coimbatore.

..Respondent(s) Prayer: The Criminal Appeal filed under Section 378 (5) of Cr.P.C. to call for the records and judgment allowing the appeal and acquitting the respondent / accused in C.A.No.421 of 2017 dated 21.09.2021 passed by the learned III Additional Sessions Judge, Coimbatore, reversing the judgment and sentence of the Trial Court in C.C.No.111 of 2011 dated 26.04.2017 passed by the learned Judicial Magistrate, F.T.C - I, Coimbatore and set aside the same. For Appellant(s):

Mr.L.Rajasekar For Respondent(s):

Mr.L.Mouli - R1

JUDGMENT

Pursuant to the following order passed by this Court on 10.11.2025; "When the matter came up for hearing, the learned counsel appearing on behalf of R1 would submit that it is true that after giving two properties as security, the Coimbatore property has been transferred to the third party. The learned counsel for R1 would further submit that the Chennai property is intact and the respondent is willing to settle the matter by selling the said property, if necessary.

2.Since the submissions made on behalf of the R1 seems to be genuine and there seems to be a likelihood of settlement and since the learned counsel for the respondents would also submit that the matter can be referred for Mediation at the District Mediation and Conciliation Centre, Coimbatore, let the first session of mediation shall be held on 20.11.2025 at 3.30 p.m. The District Mediation and Conciliation Centre, Coimbatore, shall allot the Mediator and hold the session on 20.11.2025 at 3.30 p.m. and the parties shall participate in the mediation without fail and let the Mediator shall submit his report before the next hearing date. 3.Post the matter on 12.12.2025.

The matter was referred to Mediation and during the Mediation, the issue has been deliberated and got resolved. The report from the Mediation Centre dated 27.11.2025 confirms the same.

2.Since the issue has been resolved between the appellant and the 1st respondent, nothing survives for further adjudication in the Appeal.

3.Recording the same, this Criminal Appeal stands dismissed. 09-02-2026 Index: Yes/No Speaking/Non-speaking order kas To.

1.The III Additional Sessions Court Coimbatore 2.The Judicial Magistrate F.T.C.-I, Coimbatore 3.The Public Prosecutor High Court of Madras Chennai 600 104

M.NIRMAL KUMAR, J.

kas CRL.A.No.243 of 2022 09.02.2026