Madras High CourtCRL RC/223/2024allowed

K.Vivekananda Reddy Katama v. Rahul Nambiar

2024-10-28Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.Nos.1893 & 15224of 2024 1.K.Vivekananda Reddy Katama 2.Hema Katama ... Petitioners Vs.

Rahul Nambiar ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w. 401 of Cr.P.C. to call for the records in respect of the order dated 11.01.2024 in Crl.M.P.No.1423 of 2024 in C.C.No.5447 of 2020 on the file of the Fast Track Metropolitan Magistrate Court I, Allikulam, Chennai and set aside the same.

For Petitioners :

Mr.G.Mohana Krishnan For Respondent :

Mr.Vignesh Venkat

ORDER

Pursuant to the order passed by this Court on 25.09.2020, a petition to compound the offence is filed by the respondent/complainant before this Court.

1/4

2.The learned counsel for the petitioners has no objection for compounding the offence and withdrawal of the complaint. The petitioner's only apprehension is that after settling the principal amount with additional 10%, the amounts paid to the respondent/complainant to be given credit in the EP proceedings when the same is considered. 3.The respondent/complainant filed compounding petition along with affidavit before this Court in Crl.M.P.No.15224 of 2024 in Crl.R.C.No.223 of 2024 invoking Section 147 of the Negotiable Instruments Act, 1881 to compound the offence and the same is ordered. 4.In the memo filed by the petitioners, payments made to the respondent/complainant for a sum of Rs.25,83,232/- on 09.02.2024 and Rs.2,58,325/- on 19.09.2024 is recorded which is admitted by the respondent/complainant. In view of the same, nothing survives in this petition.

2/4

5.Accordingly, this Criminal Revision Petition stands allowed and the petitioners are discharged from all the offences. The respondent/complainant is permitted to withdraw the amount already deposited by the petitioner including the interest accrued, if any, by filing an appropriate petition without notice to the petitioners. Further, since the principal amount along with additional 10% is paid to the respondent/complainant, the same to be given credit in the EP proceedings when the same is considered. Consequently, connected miscellaneous petition is closed. 28.10.2024 Index:Yes/No Speaking Order/Non-Speaking Order cse To The Metropolitan Magistrate, Fast Track Court No.I, Egmore at Allikulam, Chennai.

M.NIRMAL KUMAR, J.

3/4

cse 28.10.2024 4/4