Madras High CourtCRL RC/497/2009partly allowed

Abdul Kadar @ Lukman Jaffer v. M/S.Sooraj Leathers

2015-07-20Honourable Mr Justice B. Rajendran2 pages

BAIL SLIP The petitioner/Accused viz., Abdul Kadar @ Lukman Jaffer Ali @ Lukman Zulfar Ali, S/o.Abdul Kar was directed to be released on bail as per order of this court dated 20.5.2009 in M.P.No.1/2009 in Crl.R.C.No.497/2009.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.7.2015

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN Crl.R.C.Nos.497 and 543 of 2009 Abdul Kadar @ Lukman Jaffer Ali @ Lukman Zulfar Ali : Petitioner in both revisions(Accused) versus M/s.Sooraj Leathers, Rep. By its Managing Partner K.Anandan : respondent in Crl.R.C.No.497 of 2009 (Complainant) M/s.Victory Leathers, Rep. By its Managing Partner V.Suresh : respondent in Crl.R.C.No.543 of 2009 (Complainant) Prayer in Crl.R.C.NO.497/2009:

Revision filed against the Judgment dated 23.4.2009 in C.A.No.208 of 2008 on the file of 1st Addl. Sessions Court, Erode, confirming the judgment dated 24.6.2008 passed in C.C.No.1215 of 2006 on the file of Judicial Magistrate No.1, Erode.

Prayer in Crl.R.C.No.543/2009:

Revision filed against the Judgment dated 23.4.2009 in C.A.No.209 of 2008 on the file of 1st Addl. Sessions Court, Erode, confirming the judgment dated 24.6.2008 passed in C.C.No.1217 of 2006 on the file of Judicial Magistrate No.1, Erode.

For petitioner : Mr.V.Bharathidasan For respondents : Mr.M.Guruprasad https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER Today, when the matter was taken up for hearing, the learned counsel appearing on both sides submitted that the parties have settled the matter and a sum of Rs.10,02,155/- has been paid, and the balance amount due in respect of both the cases is Rs.5,10,275/-, which is agreed to be paid within a period of three months. Hence, the learned counsel for the petitioner/accused submits that the sentence could be set aside.

2. The statement made by the learned counsel on either side is recorded. While confirming the conviction imposed on the petitioner, the sentence alone is reduced to the one of period already undergone on condition that the petitioner should pay a sum of Rs.5,10,275/- [Rupees Five Lakhs Ten Thousand and Two Hundred and Seventy Five only] within a period of three months from today, either by deposit in court or directly paid to the respondents. In case of failure to pay the amount within the period stipulated above, the order passed by the lower Court will be revived.

3. The criminal revisions are disposed of accordingly. Sd/- Assistant Registrar True Copy Sub Assistant Registrar tar To 1.The 1st Addl. Sessions Judge, Erode 2.-do Thro The Prl.Sessions Judge, Erode.

3.The Judicial Magistrate No.1, Erode.

4.-do- Thro The Chief Judicial Magi, Erode.

1 cc to Mr.V.Bharathidasan , Advocate Sr.No.36769 2 cc to Mr. .M.Guruprasad, Advocate Sr.No.36596 Crl.R.C.Nos.497 and 543 of 2009 bvr(co) pmk.18.8.2015 https://hcservices.ecourts.gov.in/hcservices/