A.V.K.Umapathy v. B.Rajeswaran
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 7th day of October, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Member Mr. A.Selvadoss, District Judge, Retd CRL.RC.No.277 of 2021 This Criminal Revision Case is filed praying to set aside the Judgment dated 01.03.2019 made in CC.No.150 of 2008 on the file of Judicial Magistrate, Madurantakam and confirmed by the Principal Sessions Judge, Chengalpattu in C.A.No.20 of 2019 dated 23.11.2020 on the file of Principal Sessions Judge, Chenglepattu and to acquit the revision petitioner by allowing this revision. A.V.K.Umapathy ... Petitioner / Accused Vs.
B.Rajeswaran .. Respondent / Complainant This case came up for settlement before the Lok Adalat. Mr.S.Sivakumar, learned counsel for the Petitioner and Mr.M.Sivavarthanan, learned counsel for the respondents 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 Criminal Revision Petition in Crl.RC.No.277 of 2021 is filed on the file of High Court, Madras. It was filed against the judgment passed in C.A.No.20 of 2019 on the file of Learned Principal Sessions Judge, Chengalpattu which was against
conviction and sentence imposed on the petitioner/accused in C.C.No.150 of 2008 on the file of learned Judicial Magistrate, Madurantakam. This revision petition has been referred to Lok Adalat for Conciliation.
2. The petitioner / accused and the respondent / complainant filed a joint memo of compromise before Lok Adalat today, for recording the compromise, made by both the parties. The fact remains that the respondent who is the complainant before the Trial Court has filed this complaint for dishonouring of cheque for a sum of Rs.5,00,000/- issued by the petitioner who is the accused before the Trial Court under Section 138 of Negotiable Instruments Act. After considering the evidence available before the Trial Court, learned Magistrate convicted and sentenced the petitioner to undergo Simple Imprisonment for a period of six months apart from directing to pay a sum of Rs.5,00,000/- as compensation to the respondent herein within 30 days from the date of judgment. An Appeal in C.A.No.
20 of 2019 was filed by the accused, who is the revision petitioner before the Hon'ble High Court, Madras and on merits, the Appellate Court was pleased to confirm the Judgment of the Trial Court and dismissed the appeal, but with direction to deposit a sum of Rs.1,25,000/- at the time of suspension of sentence. Accordingly, a sum of Rs.1,25,000/- has been deposited by the revision petitioner before the learned Judicial Magistrate, Madurantakam in CC.No.150 of 2008.
3. At the instance of elders, both parties have compromised the dispute between them and agreed to setaside the conviction and sentence made in judgment dated 01.03.2019 in CC.No.150 of 2008 on the file of the Judicial Magistrate, Madurantakam which was confirmed by learned Principal Sessions Judge, Chengalpattu in C.A.No.20 of 2019 on 23.11.2020. They have also agreed to have the revision petitioner/ accused acquitted based on the compromise arrived between both the parties.
4. A Joint memo of compromise has been filed before Lok Adalat today and after having read over and explained to the parties and after accepting the same as correct, the joint memo compromise is recorded by Lok Adalat today.
5. In view of the compromise entered into between both
the parties, the conviction and sentence made in CC.No.150 of 2008 on the file of the Court of Judicial Magistrate, Madurantakam and confirmed by the Court of Principal Sessions Judge, Chengalpattu in C.A.No.20 of 2019 has to be set aside and accordingly set aside. The payment of Rs.2,50,000/- by the revision petitioner to the respondent herein pursuant to the compromise entered into between both the parties is recorded.
6. The Revision Petitioner / Accused is permitted to withdraw the sum of Rs.1,25,000/- deposited by him in CC.No.150 of 2008 on the file of Judicial Magistrate, Madurantakam and it is to be refunded to him and the respondent is hereby directed to state no objection for withdrawal of the said amount by the revision petitioner from the above said Court as agreed by him. The learned Judicial Magistrate, Madurantakam, is required to pass appropriate orders in this proceedings and close the said proceedings.
Sd/- Sd/- A.V.K.Umapathy Counsel for the Petitioner Sd/- Sd/- B.Rajeswaran Counsel for the Respondent Sd/- Judge Sd/- Member Enclosed Xerox Copies of Joint Memo of Compromise Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar drl To:
The parties/Advocate concerned
Copy to:
1.The Judicial Magistrate, Madurantakam 2.The Principal Sessions Judge, Chengalpattu.
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.RC.No.277 of 2021 SJ(CO) SB(01/11/2021)