R.Murugan v. N.Vasantha

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Saturday, the 11th day of December, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members

1. Mr.G.Dharmaraj

2. Mr.R.Karunakaran C.R.C.No. 420 of 2019 (This Civil Miscellaneous Appeal is filed against the decree and judgment dated 28.11.2007 made in M.C.O.P. No.2182 of 2004 on the file of III Small Causes Judge, Chennai.

R.Murugan .. Appellant Vs.

N.Vasantha ..Respondent This case came up for settlement before the Lok Adalat. The Appellant is present. The learned counsel for the appellant Mr.K.Natarajan is present.

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs. 4,12,000/- with interest at 7.5 % p er annum from the date of petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / MTC had preferred the present appeal.

The petitioner was acquitted for an offence under Section 138 of 1/5

the Negotiation Instruments Act and was under gone imprisonment for a period of 6 months and paid the check amount of Rs.2,00,000 to the respondent during the period of one month.

Aggrieved by this conviction the petitioner filed the Criminal Revision petition and the same was referred to the Lok Adalat for settlement. The petitioner is absent. The respondent also is unable to appear today due to oldage elements. The respondent's husband is present today. He files a authorization letter of his wife along with the medical certificate. The husband of the respondent is permitted to appear on behalf of the respondent today.

It is found that while granting stay the Trial Court was pleased to impose a condition that the petitioner should deposit a sum of Rs.1,00,000/- Accordingly, the petitioner seems to have deposited the amount. On behalf of the respondent her husband and the learned Counsel for the respondent reported that they will be satisfied with the deposit amount if they are permitted to withdraw the same. The learned counsel for the petitioner has also made an endorsement in the Revision petition that the petitioner has no objection for permitting the respondent to withdraw the amount. 2/5

Accordingly, the respondent is permitted to withdraw the deposit amount.

In view of the above circumstances, the Criminal Revision Petition is disposed of as settled. The conviction and sentence passed by the Trial Court stands set aside. Consequently, the connected miscellaneous petition, if any, is closed.

The Managing Director, Metropolitan Transport Corporation Ltd., [Madras Division] Chennai 600 002.

Counsel for the Appellant This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees 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.

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Judge Member Member To The parties/Advocate concerned Copy to:

1.The III Small Causes Judge, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras. gsk 4/5

MALAISUBRAMANIAN, J.(Retd.) gd C.R.C.No. 420 of 2019 11.12.2021 5/5