M/S Suitall Polypro Limited v. Sathyanarayana Dixit

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.Nos.446 and 447 of 2015

1. M/s.Suitall Polypro Ltd.

No.52, Sterling Road, Nungambakkam, Chennai - 600 034.

represented by its Managing Director, C.Vedamanickam 2.C.Vedamanickam .. Petitioners in both revisions vs.

Sathyanarayana Dixit S/o.Vijayakumar Dixit .. Respondent in Crl.R.C.No.446/2015 Rajeshkumar Dixit S/o.Vijayakumar Dixit .. Respondent in Crl.R.C.No.447/2015 Criminal Revision Cases filed under Sections 397 and 401 Cr.P.C. against the judgments of learned II Additional Sessions Judge, Chennai, passed in C.A.Nos.135 and 136 of 2012 on 10.02.2015 modifying the judgments of learned XVII Metropolitan Magistrate, Saidapet, Chennai, passed in C.C.Nos.8949 and 8950 of 2009 on 20.06.2012.

For Petitioners : Mr.J.T.Rajasuriya For Respondent : Mr.R.Thiyagarajan COMMON ORDER These revisions arise against judgments of learned II Additional Sessions Judge, Chennai, passed in C.A.Nos.135 and 136 of 2012 on 10.02.2015 modifying the judgments of learned XVII Metropolitan Magistrate, Saidapet, Chennai, passed in C.C.Nos.8949 and 8950 of 2009 on 20.06.2012.

2. Learned counsel for petitioner submitted that the matter stands compromised between the parties upon receipt of entire cheque amount. The details of payment are as follows: https://hcservices.ecourts.gov.in/hcservices/

Pay Order No.

Date Amount 623854 21.07.2017 50,000/- 624180 22.09.2017 77,132,/- 623855 21.07.2017 1,50,000/- 512049 21.09.2017 1,00,000/- 011741 22.09.2017 1,00,000/- 624179 22.09.2017 1,72,868/-

3. Learned counsel for respondent affirms the submission of learned counsel for petitioner viz., that the dispute stands settled between de facto complainant and petitioner. Learned counsel further submits that the respondent has no objection for the petitioners to withdraw the amounts deposited by the petitioners before the Courts below.

4. In view of the Joint Memo filed to compound the offence signed by respective counsel, this Court is inclined to allow these petitions. Accordingly, the Criminal Revision Cases shall stand allowed. The offence under section 138 of the Negotiable Instrument Act shall stand compounded. Petitioner shall stand acquitted in the case. Joint Memo dated 22.09.2017 filed to compound the offence shall form part of records. Connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar To 1.The II Additional Sessions Judge, Chennai.

2.The XVII Metropolitan Magistrate, Saidapet, Chennai.

+2 Ccs to Mr.R. Thiagarajan, Advocate sr 71602. Crl.R.C.Nos.446 and 447 of 2015 KS(CO) SP(21/02/2018) https://hcservices.ecourts.gov.in/hcservices/