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Madras High CourtCRL RC/639/2020disposed of

M.Manojprabhu v. M/S.Kgisl Technologies Infrastructure P.Ltd,

2023-04-21Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN M.Manoj Prabhu S/o.V.Mani ....

Petitioner/Appellant/Accused Vs M/s.KGISL Technologies Infrastructure P Ltd., Represented by its Vice President, P.Devaraj No.365, KGISL Campus, Thudiayalur Road, Saravanampatti, Coimbatore - 641 035.

....

Respondent/Respondent/ Complainant PRAYER : Criminal Revision Case has been filed under sections 397 read with 401 of Criminal Procedure Code to set aside the Judgment dated 19.12.2019 made in Crl.A.No.75 of 2018 on the file of IV Additional District and Sessions Judge, Coimbatore, confirming the Judgment dated 30.01.2018 made in C.C.No.196 of 2014 on the file of Judicial Magistrate, Fast Track Court No.1 @ Magisterial Level, Coimbatore.

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For Petitioner :

Mr.S.Arjun For Respondents :

Mr.M.A.Mudimannan for Mr.K.Jayachandran

ORDER

This Criminal Revision Case is filed by the accused being aggrieved by the concurrent findings of the Courts below holding the accused/revision petitioner guilty for issuance of a cheque for Rs.25,00,000/- in favour of the respondent /complainant, but not made an arrangement to honour the same.

2. Pending revision, the matter was referred to mediation by the predecessor by order dated 08.08.2022. The parties have arrived at settlement before the mediation and filed a Settlement Agreement dated 07.02.2023, wherein the complainant and the accused have agreed to compound the offence. As per the terms of the settlement, a sum of Rs.9,00,000/- has been paid to the complainant by way of Demand Draft on 04.02.2023 and the accused/revision petitioner has already deposited a sum of Rs.16,00,000/- in the account of C.C.No.196 of 2014 on the file of the Judicial Magistrate, Fast Track Court No.I (Magisterial Level), 2/4

Coimbatore. The accused had deposited the money as agreed and permitted the complainant to withdraw the money. 3.

This Court, on perusing the Settlement Agreement dated 07.02.2023 entered into between the parties in the course of mediation, compound the offence, which is the subject matter in C.C.No.196 of 2014. The learned Judicial Magistrate, Fast Track Court No.I (Magisterial Level), Coimbatore shall permit the complainant to withdraw the amount of Rs.16 lakhs deposited, which is lying in the credit of C.C.No.196 of 2014 along with interest accrued if any. 4.

With the above direction, this Criminal Revision Case is disposed of as offence compounded.

21.04.2023 Internet : Yes/No Index: Yes/No Lpp 3/4

G.JAYACHANDRAN, J Lpp To

1. The V Additional District and Sessions Judge, Coimbatore,

2. The Judicial Magistrate, Fast Track Court No.1 (Magisterial Level), Coimbatore.

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