P.Maruthi Sait, v. M/S.Sri.Venkatesa Paper And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.A.Nos.106 & 107 of 2006 P.Maruthi Sait, (Aged 40 years) S/o.Parasuram Patel, 17, Kalyanji Mill Road, Pollachi, Coimbatore, Proprietor, M/s.MC.Adams Engineers and Consultants, 17, Kalyanji Mill Road, Pollachi, Coimbatore ... Appellant/ Complainant in both Crl.As -Vs1.Sri.Venkatesa Paper and Boards Ltd, (SVPBL), Swaminathapuram, Madathukulam (PO), Udumalpet Taluk 642 113, Coimbatore, Represented by its Joint Managing Director, Mrs.Sumathi Prasad.

2.Mrs.Sumathi Prasad (Aged 37 years), Joint Managing Director, Sri.Venkatesa Paper & Boards Ltd., Swaminathapuram, Madathukulam (PO), Udumalpet Taluk 642 113, Coimbatore.

3.S.N.Hariharan (Aged 40 years), Deputy General Manager, Sri.Venkatesa Paper & Boards Ltd., Swaminathapuram, Madathukulam (PO), Udumalpet Taluk 642 113, Coimbatore.

...Respondents/

Complainant in both Crl.As 1/3

PRAYER in both Crl.As: Criminal Appeal filed under Section 378

(2) of Code of Criminal Procedure, to set aside the order of acquittal dated 06.10.2005 made in C.C.Nos.646 & 581 of 2002 respectively on the file of the Judicial Magistrate No.I, Pollachi.

In both Crl.As.

For Appellant :

M/s.M.N.Balakrishnan For Respondents :

M/s.K.Shanmugam Legal Aid Counsel ***** COMMON JUDGMENT These appeals arise out of the Judgment of acquittal in C.C.Nos.646 & 581 of 2002, dated 06.10.2005 passed by the learned Judicial Magistrate No.I, Pollachi.

2.During the pendency of the appeals, the appellant and the respondents arrived at a compromise to settle the issues for a sum of Rs.3,00,000/- (Rupees three lakh only), being the cheque amount in both the cases. It was agreed that the respondents have to pay the amount of Rs.3,00,000/- (Rupees three lakh only) to the appellant. The respondents have paid a sum of Rs.1,00,000/- (Rupees one lakh only) on 11.10.2019 by way of demand draft bearing No.014190 drawn on HDFC Bank, R.A.Puram, Chennai and on 13.11.2019 paid a sum of Rs.1,00,000/- (Rupees one lakh only) drawn in cheque bearing No.421519 and thereafter, on 22.11.2019 paid a sum of Rs.1,00,000/- by way of demand draft bearing No.421575 to the appellant. The parties were present and admitted the same and gave quites to the above cases. 3.

Today, the learned counsel for the appellant filed a petition under Section 147 of the Negotiable Instruments Act, 1881 for compounding the offence, as per the settlement entered between the appellant and the respondents, which have been signed by the appellant and the respondents and also by their respective counsel.

2/3

4.In view of the above settlement, the parties have arrived at a compromise and a petition under Section 147 of the Negotiable Instruments Act is placed, the offence is compounded. Accordingly, these Criminal Appeals stand dismissed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar vv2 To The Judicial Magistrate No.I, Pollachi.

+1 cc to Mr.C.D.Johnson Advocate sr98150 +1 cc to Mr.K.Shanmugam Advocate sr97988 +1 cc to Mr.K.Shanmugam Advocate sr97989 +2 ccs to Mr.M.N.Balakrishnan Advocate sr 97972 & 97973 Crl.A.Nos.106 & 107 of 2006 aa21/01/2020 3/3