Srinivasan v. A.Kusalakumari

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Sunday, the 26th day of June, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE N.MALA and Members Mr.P.Rosiah, District Judge (Retd.) Mr.C.S.S.Pillai, Advocate.

Crl.R.C.No.695 of 2015 (Appeal is filed to set aside the Judgment dated 29th day of June 2015 passed in C.A.47 of 2014 on the file of the Principal Sessions Judge of Tiruvallur in confirming the conviction and sentence awarded by the Fast Tract Court Magisterial Level, Tiruvallur in C.C.No.7 of 2012 dated 19.03.2014).

Srinivasan ... Petitioner Vs.

1.K.Kusalakumari 2.A.K.Suresh 3.A.K.Yuvashri

...Respondents

This case came up for settlement. Both the parties are present. The learned counsel for the petitioner M/s.Sharath Chandran and the learned counsel for the respondents Mr.S.Rajendrakumar 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 Crl.R.C.No.695 of 2015 is filed challenging the order dated 29.06.2015 passed in C.A.No.47 of 2014 on the file of the Principal Sessions Judge of Tiruvallur in erroneously confirming the conviction and sentence awarded by the Fast Tract Court Magisterial Level, Tiruvallur in C.C.No.7 of 2012 dated 19.03.2014.

2.The case arises under Section 138 of the Negotiable Instrument Act. The petitioner issued a cheques for Rs.5,50,000/- to the father of the respondents, who are brought on record as his legal heirs, therefore the criminal proceedings.

3.Now the parties after due delibration, discussion, negotiation, mediation and conciliation have agreed to settle for the sum of Rs.6,00,000/- in full and final settlement of the cheque amount. 4.In view of the settlement amount the revision petitioner has issued a cheque in the name of the 1st respondent by way of Cheque No. 847429 for an amount of Rs.50,000/- dated 01.07.2022 and 847430 for an amount of Rs.5,50,000/- dated 26.07.2022.

5.The 1st and 3rd respondent have issued a letter conveying their inability to attend the proceedings and have authorised A.K.Suresh, who is son/brother to receive the cheque on their behalf, which is also recorded. 6.It is made clear that the Crl.RC shall be closed subject to the realisation of the cheques, in case the cheques are not honoured, the respondent is at liberty to approach the Hon'ble Court for reopening of the Crl.RC.

Srinivasan Counsel for the Petitioner 1.K.Kusalakumari 2.A.K.Suresh 3.A.K.Yuvashri Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under 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 Member dsn

N.Mala,J dsn To The parties/Advocate concerned Copy to 1.The Principal Sessions Judge, Tiruvallur 2.The Fast Track Court Magisterial Level, Tiruvallur. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras (+2 copies) Crl.R.C.No.695 of 2015 26.06.2022