Madras High CourtCRL OP/6891/2014settled before the lokadalats

S.P.Narayanan v. A.Sivaramakrishnan

2017-07-14Honourable Mr Justice J.A.K. Sampathkumar(Lok-Ii)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 14th day of July 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.A.K.SAMPATH KUMAR (Retd.) and Members Mr. G.Appasamy Mr. Balasekar CRL.OP.No.6891 of 2014 and MP.No.1 of 2014 (This Criminal Original petition is praying to call for the records relating to the order passed in C.C.No.71 of 2013 on the file of the Principal District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District) S.P.Narayanan .. Petitioner / Accused Vs.

A.Sivaramakrishnan ... Respondent / Complainant This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the Petitioner Mr.Saibaba and the learned counsel for the Respondent Mr. P.Damodaran are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

ORDER

Counsel for both sides present. Compromise memo filed and signed by both parties. In terms of the compromise memo, which reads as follows:-

1. The Respondent / Complainant herein has preferred a complaint for recovery of Rs. 1,00,000/- from the petitioner under section 138 of the NI Act in C.C.No. 71 of 2013, before the Hon'ble Principal

District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District.

2. Pending disposal of the complaint, the petitioner / Accused herein has preferred an above petition for quash the complainant in C.C.No. 71 of 2013, filed by the respondent. The Court passed stay order on 26.03.2014. Thereafter, at request of the respondent / complainant matter was referred to Lok Adalat and the same was listed on 09.06.2017, at request of both the counsel, case was adjourned for appearance of both parties on 22.06.2017.

3. During the pendancy of the proceeding before this Hon'ble Court, the parties appeared on 22.06.2017 in Lok Adalat and discussed about the case, the petitioner and the respondent herein have mutually agreed for settlement and the terms of settlement following:- a). The Petitioner herein has paid a sum of Rs. 75,000/-, as one time settlement to the respondent by way of Demand Draft No.937529, karur Vysya Bank, Vaniyambadi Branch, the copy of the same in enclosed. The receipt of which sum, the respondent acknowledges and agrees. The both parties waive claims against each other and assure that they do not have any claim whatsoever against each other or would stake any claim against each other. This is the full and final settlement. b). The respondent returned and handed over the promissory note and other documents to the petitioner.

c).The respondent agreed "Not Press" in the C.C.No. 71 of 2013, pending before the Hon'ble Principal District Munsit cum Judicial Magistrate, Vaniyambadi.

4). The parties assure that they have entered into this Joint Memo out of free will and volition. The parties confirm that they do not have any document and cheques and all the documents and other items have been exchanged and the parties herein confirm to have no claim against each other.

In view of the compromise memo, this petition is disposed of accordingly. It is dismissed as "Not Pressed" The Compromise memo shall form part and partial of this award. In the result of C.C.No.71 of 2013, pending before the Principal District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District is treated as closed. Consequently, connected miscellaneous petition is closed if any.

sd/- sd/- S.P.Narayanan .. Counsel for Petitioner/ Accused sd/- sdA.Sivaramakrishnan .. Counsel for Respondent / Complainant sd/- Judge sd/- sd/- Member Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar This Lok Adalat award is passed in terms of the above settlement.

To The parties/Advocate concerned Copy to

1. Principal District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District) 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.OP.No.6891 of 2014 SJ(CO) CU(10/08/2017)