Madras High CourtCRL OP/7805/2018allowed

C.David, Aged 35 Years, v. M/S.Ikf Finance Ltd.,

2019-02-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7805 of 2018 and Crl.M.P.No.4024 of 2018 C.David ... Petitioner / Single Accused Vs.

M/s.IKF Finance Limited, Rep.by its Authorized Signatory Mr.A.Satheeswaran, No.1054/67, 1st Floor, Gowtham Center Annex, Avinasi Road, Coimbatore - 641018.

... Respondent / Complainant Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for all the records relating to the private complaint in C.C.No.1251 of 2017 on the file of the Judicial Magistrate No.II, Fast Track, Coimbatore and quash the same.

For Petitioner : Mr.S.Parthasarathy For Respondent : Mr.T.Srinivasaraghavan

O R D E R

This Criminal Original Petition has been filed to call for all the records relating to the private complaint in C.C.No.1251 of 2017 on the file of the Judicial Magistrate No.II, Fast Track, Coimbatore and quash the same.

https://hcservices.ecourts.gov.in/hcservices/

2. A memo of compromise has been filed by the petitioner as well as the respondent by stating that on 15.12.2018, the respondent has sent a letter of proposal to the petitioner for settlement of amount of Rs.2,01,085/- and the petitioner also agreed for the same and paid the said amount of Rs.2,01,085/- by way of Demand Draft in DD.No.056812 dated 06.02.2019. Further, on receipt of the said DD, the respondent has agreed to quash the private complaint pending before the Fast Track Court, Coimbatore in C.C.No.1251/2017 and has also handed over the termination papers (Form 35s) and no due certificate.

3. In view of the settlement between the parties, this Court is inclined to quash the private complaint pending on the file of the Judicial Magistrate No.II, Fast Track, Coimbatore, as against the petitioner.

4. Accordingly, this Criminal Original Petition is allowed and the private complaint in C.C.No.1251 of 2017 on the file of the Judicial Magistrate No.II, Fast Track, Coimbatore, is quashed.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar raja To The Judicial Magistrate No.II, Fast Track, Coimbatore.

2.do thro Chief Juducial Magistrate,Coimbatore +1cc to Mr.S.Parthasarathy , Advocate SR.No. 17815 Crl.O.P.No.7805 of 2018 and Crl.M.P.No.4024 of 2018 A.SK(25/03/2019) https://hcservices.ecourts.gov.in/hcservices/