P.Rajendran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 6-10-2015 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.23640 of 2015 1.

P.Rajendran 2.

R.Vijayalakshmi ..

Petitioners/A1 and 3 Vs.

1.

The State of Tamilnadu rep.by its Inspector of Police, Central Crime Branch, Team-I, Egmore, Chennai ..1st Respondent/Complainant.

2.

M/s.Upasana Finance Ltd., No.98A, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4, rep.by its Manager, R.Somasundaram .. 2nd Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C. with a prayer to call for the records pertaining to impugned ccharge sheet in C.C.No.10036 of 2008, pending on the file of XI Metropolitan Magistrate's Court, Saidapet, Chennai-15 and quash the same as compromised between the parties. For Petitioner :

Mr.R.Veeramani For 1st Respondent :

Mr.C.Emalias, Additional Public Prosecutor For 2nd Respondent :

Mr.Manoj Sreevalsan

O R D E R

The complainant/2nd respondent herein has launched a prosecution against the accused/petitioners herein in C.C.No.10036 of 2008 before the XI Metropolitan Magistrate, Saidapet, Chennai, for the offence under Section 138 of Negotiable Instruments Act, 1881.

2.

Now it appears that the complainant and the accused have arrived at an amicable settlement. An affidavit sworn by R.Somasundaram, Manager working in M/s.Upasana Finance Ltd., (complainant) has been filed wherein it is stated as follows: "3.

That during the pendency of these proceedings, this respondent and the above petitioners negotiated and arrived at a settlement.

The terms of the said compromise was reduced in writing and filed before this Hon'ble Court in Civil Suit (C.S.) No.665 of 2001.

4.

By this joint memorandum of compromise, the parties have given decent burial to their differences and amicably settled their dispute. The civil suit was disposed of in terms of said compromise. I crave leave of this Hon'ble Court be pleased to consider the judgment and decree dated 23.06.2015 made in C.S.No.665 of 2001 as part and parcel of this affidavit.

5.

In view of the above, I have no objection and consent for quashing the following criminal complaints i.e, i.

C.C.No.2723/99 on the file of XVIII MM Court, Saidapet.

ii.

C.C.No.10036/2008 on the file of XI MM Court, Saidapet, & iii. C.C.No.1629/2012 on the file of XI MM Court, Saidapet."

3.

In view of the above, this petition is allowed and the prosecution in C.C.No.10036 of 2008 on the file of XI Metropolitan Magistrate, Saidapet, Chennai, is hereby quashed. vr -s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar

To 1.

The XI Metropolitan Magistrate, Saidapet, Chennai.

2. -do- thro'The Chief Metropolitan Magistrate, Egmore, Chennai-8 3.

The Inspector of Police, Central Crime Branch, Team-I, Egmore, Chennai.

4.

The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.R.Veeramani, Advocate SR 54188 sv(co) prk26/10 Crl.O.P.No.23640 of 2015