P.Murugan v. K.Gopinath

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 31st day of August, 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr. Sankaranarayana Pillai Mrs. R.Rathna Thara CRL.R.C.No.339 of 2015 (This Criminal Revision Case is filed U/s. 397 and 401 of CR.P.C praying to call for the records on the file of the learned Principal District Sessions Judge, Krishnagiri, Krishnagiri District in Crl.A.No.63 of 2014 dated 05.02.2015 against the judgment and sentence passed in S.T.C.No.298 of 2013 on the file of the Learned Judicial Magistrate, (Fast Track Court), Hosur, Krishnagiri District, dated 09.09.2014 and set aside the judgment dated 05.02.2015.

P.Murugan .. Petitioner / appellant / accused Vs.

K.Gopinath .. Respondent/respondent /complainant This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the petitioner M/s. E.Kannadasan and the learned counsel for the respondent Mr.Venkatesan for M/s.R.Bharath Kumar are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Revision petitioner stands convicted to undergo Simple Imprisonment for six months and to pay a compensation of Rs.7,00,000/- to the respondent and this appeal was dismissed. Hence, this revision.

2. While, the petitioner sought suspension of sentence, the High Court passed an order, directing the petitioner to deposit a sum of Rs.2,00,000/- to the credit of STC.No.298 of 2013 on the file of the Learned Judicial Magistrate (Fast Track Court), Hosur, Krishnagiri District and the same has been deposited by the petitioner.

3. The Petitioner and Respondent entered into a compromise whereby the respondent agreed to receive a sum of Rs.4,00,000/- in total towards full and final settlement of the cheque amount. Accordingly, he has also received Rs.2,00,000/- from the petitioner and he agreed to receive the deposited amount of Rs.2,00,000/- pending with the Learned Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District.

4. In view of the compromise, since the offence stands compounded the revision petitioner stands acquitted and the conviction and sentence passed on him stand set aside. After this award, the respondent is entitled to withdraw the deposited amount of Rs.2,00,000/- from the learned Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District.

5. The learned Judicial Magistrate, Fast Track Court is also directed to permit the respondent to withdraw the deposit amount of Rs.2,00,000/- in STC.No.298 of 2013.

6. Award is passed accordingly. Consequently, connected Miscellaneous Petitions are closed if any.

Sd/- Sd/- P.Murugan Counsel for the petitioner Sd/- Sd/- K.Gopinath Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the parties in the manner provided under Section 69-A of the Tamil Nadu CourtFees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Principal District & Sessions Judge, Krishnagiri.

2.The Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District.

3.The Secretary, High Court Legal Services Committee, Chennai.

4.The Section Officer, V.R.Section, High Court, Madras.

5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies CRL.R.C.No.339 of 2015 srg 06/09/2016