Madras High CourtCRL RC/1281/2013settled before the lokadalats

S.Gnanapragasam v. Indra

2017-10-23Honourable Mr Justice S.Marimuthu (Lok-Ii)4 pages

BAIL SLIP The Petitioner / Accused namely S.Gnanapragasam, S/o.Subramaniya Pllai is directed to be released on bail as per order of this Honourable Court dated 11.10.2013 in M.P.No.1 of 2013 in Crl.RC.No.1281 of 2013 on the file of this Honourable Court.

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Monday, the 23rd day of October 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU (Retd.) and Members Mr.E.Krishnan Mr.Kapoor Chordia CRL.RC.No.1281 of 2013 (Criminal Revision Petition filed under Section 397 r/w Section 401 of Cr.P.C., to set aside the Judgement passed by the District Sessions Court II Kancheepuram in C.A.No.31 of 2011 confirming the conviction and sentence passed by the District Munsif Cum Judicial Magistrate Uthiramerur in C.C.No.55 of 2010.) S.Gnanapragasam ... Petitioner/Accused Vs.

Mrs.Indra ... Respondent/Complainant On representation of the counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both parties are present.

The learned counsel for the appellant Mr.S.Dhanaraj and the learned counsel for the respondent Mr.G.Punniyakoti are present.

After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT The facts of the case, after discussion of all the parties and the final settlement of this forum are as follows:-

1.The revision petitioner is the accused in CC.No.55 of 2010, on the file of the District Munsif Cum Judicial Magistrate, Uthiramerur, for an offence under Section 138 of the Negotiable Instruments Act. The respondent is the complainant. 2.The Trial Court, after considering the evidence, on both sides, convicted the revision petitioner/accused and sentenced to undergo one year simple imprisonment and also to pay a fine of Rs.5,000/-(Rupees Five Thousand only), in default to undergo three months imprisonment.

3.Questioning the conviction and sentence, the revision petitioner filed a Criminal Appeal No.31 of 2011 before the District Sessions Judge No.II, Kancheepuram.

4.The appellate Court confirmed the conviction and sentence, imposed by the Trial Court and dismissed the appeal. 5.Questioning the conviction and sentence of the appellate Court, the revision petitioner/accused filed the present criminal revision in the High Court. Thereafter, the matter was referred to this forum for negotiation and settlement. 6.Perused the records and also heard both the parties and their respective counsels.

7.The matter has been amicably settled at Rs.2,00,000/- (Rupees Two Lakh only), out of settlement amount of Rs.2,00,000/-(Rupees two lakh only), today, the notes paper of this forum as well as the interim order of this forum/Lok Adalat would show that the revision petitioner/accused has already paid a sum of Rs.60,000/-(Rupees sixty thousand only) and interim order of this forum dated 15.09.2017 would show that out of the balance amount of Rs.1,40,000/-(Rupees One Lakh Forty Thousand only), the respondent as ordered by this forum, has received a sum of Rs.50,000/-(Rupees Fifty Thousand only) and for the balance sum of Rs.90,000/-(Rupees Ninety Thousand only), the revision petitioner was directed to pay the same at 9% interest.

8.As such, as detailed above, the revision petitioner has to pay a sum of Rs.90,000/-+ interest 1,000/- totally, a sum of Rs.91,000/- as full and final settlement. Accordingly, it is paid today.

9.The fine amount of Rs.5,000/-(Rupees five thousand only), already paid by the revision petitioner/accused in the Trial Court is ordered to be refunded to the revision petitioner by the Trial Court as the matter is settled.

Award is passed accordingly.

Sd/- Sd/- S.Gnanapragasam Counsel for the Appellant Sd/- Sd/- Mrs.Indira Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement.

The full 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The District Session Judge-II, Kancheepuram.

2.The District Munsif Cum Judicial Magistrate, Uthiramerur.

3.The Secretary, High Court Legal Services Committee, Chennai.

4.The Section Officer, Criminal Section, High Court, Madras.

5.The Section Officer, Lok Adalat Section, High Court, Madras.

6.The Chief Judicial Magistrate, Chengalpattu (For information) 7.The Superintendent, Central Prison, Vellore.

+2 copies CRL.RC.No.1281 of 2013 NMI(CO) CA(21/11/2017)