Melanie Natasha Rayan v. N.Rajakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.8508 of 2020 and Crl.M.P Nos.4132 & 4133 of 2020 Ms.Melanie Natasha Rayan

...Petitioner/Accused

vs.

N.Rajakumar

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the complaint in C.C.No.4819 of 2017 pending on the file of the Learned Fast Track III Metropolitan Magistrate Court, Saidapet, Chennai, and quash the same.

For Petitioner :Mr.ARL.Sundaresan Senior counsel for M/s.AL.Ganthimathi For Respondent : Mr.Ramaiah

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.4819 of 2017 pending on the file of the Fast Track III Metropolitan Magistrate Court, Saidapet, Chennai.

2. The learned Senior Counsel appearing on behalf of the petitioner submitted that the petitioner has settled the agreed amount to the respondent and the matter has been compromised between the parties. The learned Senior Counsel submitted that since the Court below is not functioning, the complainant is not in a position to withdraw the complaint filed under Section 138 of Negotiable Instruments Act.

3. Mr.Ramaiah, learned counsel appearing on behalf of the respondent/complainant confirmed the fact that the matter has been compromised between the parties and the amount has been transferred to the account of the complainant. The learned counsel further submitted that he has already filed the relevant documents before the Registry. Therefore, the learned Counsel concluded his arguments by submitting that the complaint can be closed.

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4. Taking into consideration the facts and circumstances of the case and in view of the fact that the matter has been compromised between the parties and the offense in question is compoundable under Section 142 of the Negotiable Instruments Act, the complaint in C.C.No.4819 of 2017, on the file of the Fast Track III Metropolitan Magistrate Court, Saidapet, Chennai, is hereby quashed.

This Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smv To

1. The Fast Track III Metropolitan Magistrate Court, Saidapet, Chennai.

Crl.OP No.8508 of 2020 and Crl.M.P Nos.4132 & 4133 of 2020 SVI(CO) GS(07/07/2020) https://hcservices.ecourts.gov.in/hcservices/