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Madras High CourtCRL OP/11000/2014allowed

Dr.S.Venkatraman v. Dr.Sujatha Chandrsekaran

2015-10-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30-10-2015 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11000 of 2014 M.P.No.1 of 2014 Dr.S.Venkatraman ..Petitioner Vs.

Dr.Sujatha Chandrasekaran ..Respondent Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C. with a prayer to call for the records and quash the case in S.T.C.No.699 of 2013 in the Court of the Judicial Magistrate, Tambaram.

For Petitioner :

Mr.V.Sakkarapani For Respondent :

Mr.R.Vijayakumar

O R D E R

For the sake of convenience, the parties will be referred to as 'the Complainant' and 'the accused'.

2.

The complainant initiated the prosecution in S.T.C.No.699 of 2013 before the Judicial Magistrate, Tambaram, against the accused for an offence under Section 138 of the Negotiable Instruments Act, 1882, challenging which the accused is before this Court, on the ground that the parties have arrived at a compromise.

3.

Today the Complainant is present before the Court and filed a Joint Compromise Memo, signed by both the Complainant and the Accused, which reads as follows: "1.

It is submitted that the respondent filed a private complaint under Section 138 and 142 of the Negotiable Instruments Act, 1882 as amended by the Act 55 of 2002 and under Section 200 Cr.P.C. against the petitioner in S.T.C.No.699 of 2013 before the Judicial Magistrate at Tambaram.

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2.

It is submitted that petitioner preferred a quash petition before this Hon'ble Court as against the case in S.T.C.No.699 of 2013 and stay has been granted by this Hon'ble Court.

The respondent further submits that she received the amount of Rs.45,000/- by Demand Draft No.001982 dated 13.8.2013 drawn on HDFC Bank, Chitlapakkam, Chennai-600044 from the petitioner, in lieu for Cheque No:000002 dated 31.7.2013 drawn on HDFC Bank, Chitlapakkam, Chennai-600044. The respondent further submits as she received the entire amount towards cheques vested with the above case.

She is withdrawing the above complaint.

It is therefore prayed that this Hon'ble Court may be pleased to accept the compromise Memo and pass appropriate orders and thereby render justice."

4.

Recording the above Joint Compromise Memo, this Criminal Original Petition is allowed and the proceedings in S.T.C.No.699 of 2013 on the file of Judicial Magistrate, Tambaram, is hereby quashed. Connected M.P.No.1 of 2014 is closed.

sd/ ASSISTANT REGISTRAR(CS-VI) /TRUE COPY/ SUB-ASSISTANT REGISTRAR vr To 1.

The Judicial Magistrate, Tambaram

2. do thro' The Chief Judicial Magistrate, Kanchipuram. 3.

The Public Prosecutor, High Court, Madras.

+1 CC to MR.V.Sakkarapani Advocate. SR.NO. 59579 Crl.O.P.No.11000 of 2014 CO-CA JD 18/11/2015 https://hcservices.ecourts.gov.in/hcservices/