Madras High CourtCRL RC/1332/2007disposed of

Rani Kiran Kumar Lulla v. M/S.Chamba Fabrics

2015-07-15Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2015

CORAM

THE HON'BLE MR. JUSTICE B.RAJENDRAN Crl.R.C.No.1332 of 2007 and M.P.No.1 of 2007 Rani Kiran Kumar Lulla Director M/s. Misty Apparels Private Ltd 38 and 39 Whites Road, Chennai ... Petitioner/Appellant/Accused Vs.

1. M/s. Chamba Fabrics Rep.by Power Agent Mubarak Ali 101,Ganapathipuram Extension Erode.

... Respondent/Complainant

2. The State rep.by Public Prosecutor Erode, Chennai ... Respondent/Respondent Revision Case filed under Section 397 and 401 of Cr.P.C to set aside the conviction order passed in C.A.No.30 of 2003 on the file of Additional District Fast Track Court No.1, at Erode dated 12.07.2007 as confirmed in the trial Court order dated 28.01.2003 passed in C.C.No.461 of 1997 by Judicial Magistrate, Erode.

For petitioner : Mr.Krishna Ravindran For R1 : Mr.K.P.Anantha Krishnan For R2 : Mr.V.Arul, Government Advocate

O R D E R

When the matter is taken up for hearing,counsel on either side submitted that the matter has been settled between the parties. A memo to that effect has also been filed before this Court and the connected Crl.R.C.Nos.1331,1333 to 1342 of 2007 had been disposed of on 31.01.2014. Though common memo has been filed, no order has been passed in the above Criminal Revision. Hence, learned counsel also prays that the same order may be passed in this revision also.

2. In view of the aforesaid submission and considering the fact that the common memo had already been filed on 31.01.2014 and the compromise has been arrived at between the parties, this Criminal Revision is also allowed and the impugned order is set aside.

3. Learned counsel for the petitioners fairly submits that the accused is prepared to give 50% of the fine amount, which has already been paid by the him, to the Mediation and Conciliation Center and the balance 50% can be ordered to be refunded to the petitioner.

4. In view of the above, the petitioner is directed to pay 50% of the fine amount to the Mediation and Conciliation Center and the balance amount is directed to be refunded to the petitioner.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar smi To 1.The Additional District Judge, Fast Track Court No.1, Erode.

2.The Judicial Magistrate, Erode.

3.The Secretary, Tamilnadu Mediation and Conciliation Centre, High Court, Madras - 104.

4.The Public Prosecutor, High Court, Madras.

Crl.R.C.No.1332 of 2007 and M.P.No.1 of 2007 MP(CO) CA(10/12/2015)