M/S.Sreevari Travels v. M/S.Shersun Travel And Cargo

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.R.C. No.738 of 2011

1. M/s. Sreevari Travels No.104, 6th Street Secretariat Colony Kilpauk, Chennai 600 010

2. R. Meganathan Proprietor M/s. Sreevari Travels No.104, 6th Street Secretariat Colony Kilpauk, Chennai 600 010 ...Petitioners Vs.

M/s. Shersun Travel and Cargo Private Limited Rep. by its Power of Attorney K.Manoharan No.14, Rajarathinam Street, Kilpauk, Chennai 600 010

...Respondent

Prayer: Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C. praying to set aside the judgment and orders dated 04.05.2011 passed in C.A. No.100/2008 by the Additional District and Sessions Judge, Fast

Track Court-I Chennai, confirming the judgment and orders dated 25.02.2008 passed in C.C. No.10095/2001 by the II Metropolitan Magistrate, Chennai.

For Petitioners : Mr. J. Ranjith Kumar for M/s. Surana and Surana For Respondent : Mr.W. Camyles Gandhi

ORDER

Both the parties and their respective counsels are present before this Court.

2. The respondent company filed a petition under Section 320(6) of the Code of Criminal Procedure r/w 147 of the Negotiable Instruments Act, dated 31.07.2024, to compound the offence. The Managing Director of the respondent Company has authorised his Manager Mr.Syed Fiaz Ahmed to represent the above Criminal Case on behalf of the company and the authorisation letter has also been filed before this Court. In the affidavit filed in support of the petition, it is

stated that the issue between the respondent company and the accused has been settled amicably. This is admitted by the petitioners. A Demand Draft bearing number 503995 dated 30.07.2024 drawn on ICICI Bank for a sum of Rs.1,06,407/- favouring the respondent company has also been handed over by the 2nd petitioner to Mr.Syed Fiaz Ahmed, the authorised representative of the respondent company.

3. In the result, i. The Criminal Revision Case stands disposed of. ii. The judgment and orders passed by the Additional District and Sessions Judge, Fast Track Court-I Chennai, in C.A.No.100/2008 and the judgment and orders passed by the II Metropolitan Magistrate, Chennai, dated 25.02.2008, in C.C.No.10095/2001, are set aside.

4. It is represented that as per the directions of this Court on 28.03.2024, in Cr.M.P. No.3279 of 2024, a sum of Rs.1,06,407/- has been deposited to the credit of C.C.No.10095/2001 on the file of the II

Metropolitan Magistrate Court, Chennai. The respondent/complainant can withdraw the said amount on filing a proper application. 31.07.2024 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga To

1. The II Metropolitan Magistrate, Chennai.

2. The Section Officer, Criminal Section, High Court, Madras.

R. HEMALATHA, J.

bga Crl.R.C. No.738 of 2011 31.07.2024