Madras High CourtCRL RC/1351/2013settled before the lokadalats

M/S.V.M.R.Constructions v. M/S.A.N.A.Steel Traders

2015-06-30Honourable Mr Justice P.Thangavel(Lok-Ii)3 pages

BAIL SLIP The Petitioner/Accused 1 & 2 be and hereby are directed to be released on bail as per the Order of this court dated 04.11.2013, made in M.P.No.1 of 2013 in CRL.RC.No.1351 of 2013. HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 30th day of June 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mrs.Kanmaniselvam Ms.P.Subhadra Devi CRL.RC.No.1351 of 2013 (This Criminal Revision Case filed against the Judgment of the learned I Additional District and Sessions Judge, Vellore, Vellore District, dated 04.07.2013 and made in C.A.No.268 of 2011 confirming the conviction and sentence passed by the learned Judicial Magistrate No.IV, Vellore, dated 18.11.

2011 convicting the petitioners for an offence under Section 138 of the Negotiable Instruments Act and sentencing them to undergo simple imprisionment for three months and directing them to pay Rs.25,00,000/- jointly as compensation under section 357 Cr.P.C.) M/s V.M.R.Constructions, by its Authorised Signagories 1.Ranganatha Naidu 2.R.Madhavi ... Petitioners/Appellants Vs.

M/s A.N.A.Steel Traders, Rep.by its Partner, Mr.Syed Ahmed Niyas ... Respondent/Respondent This case came up for settlement before the Lok Adalat. Mr.K.S.Rajagopalan, learned counsel for the petitioners and Mr.A.Ajimath Begum, learned counsel for the respondent are present.

TERMS OF SETTLEMENT The revision petitioners in Criminal Revision Case in Crl.RC.No.1351 of 2013 pending on the file of High Court, Madras and preferred against the judgment in C.A.No.268 of 2011 on the file of learned First Additional District and Session Judge, Vellore, Vellore District, confirming the conviction and sentence passed by the learned Judicial Magistrate No.IV, Vellore, Vellore District in C.C.No.82 of 2006 has been referred to Lok Adalat for conciliation.

2. The revision petitioners, who are the appellants/accused 1 and 2, faced the proceedings under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate No.IV, Vellore, Vellore District in C.C.No.82 of 2006 in view of bouncing of cheque issued by the revision petitioners in favour of the respondent. After trial, the learned Magistrate convicted and sentenced the revision petitioners 1 and 2 to undergo simple imprisionment for three months and to pay a compensation of Rs.25,00,000/- under Section 357 Cr.P.C. The said conviction and sentence was confirmed by the learned I Additional District and Sesssions Judge, Vellore, Vellore District on 05.07.2013 in C.A.No.268 of 2011. Against the judgment of Appellate Court, the revision petitioners 1 and 2 have preferred this criminal revision case.

3. The revision petitioners, assited by counsel, and respondent, assisted by counsel are present before the Lok Adalat today. After great deliberation and discussion, both parties have compromised the dispute between them and come to full and final settlement for a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) payable by the revision petitioners to the respondent, towards full quit of the amount due to the respondent from the revision petitioners. Accordingly, the first revision petitioner for himself and on behalf of his wife second revision petitioner has handed over a Demand Draft, bearing No.147015, dated 29.06.2015, drawn on Corporation Bank, Jal Bhavan Branch, Banagalore before the Lok Adalat.

The handing over of the above said Demand Draft by the revision petitioners to the respondent in the presence of Lok Adalat has been recorded towards full quit of the claim of respondent from the revision petitioners. In view of the settlement arrived at as mentioned above, the respondent herein has no objection to set aside the conviction and sentence as well as compensation ordered to be paid by the revision petitioners to the respondent.

4. In view of the above said compromise arrived at between both the parties, the conviction and sentence as well as compensation ordered to be paid by the revision petitioners to the respondent are set aside and the revision petitioners are ordered to be set at liberty immediately. The proceedings is ordered to be submitted to the learned Judicial Magistrate, No.IV, Vellore, Vellore District,

for further action if necessary. The Demand Draft referred to above is handed over by the first revision petitioner to the respondent in the presence of Lok Adalat. Award is passed accordingly, disposing the Criminal Revision Case. No order as to costs. Sd/- Sd/- Ranganatha Naidu Counsel for the Revision Petitioners 1 & 2 Sd/- M/s A.N.A.Steel Traders, Rep.by its Partner, Sd/- Mr.Syed Ahmed Niyas Counsel for the Respondent Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The learned Judicial Magistrate No.IV, Vellore. 2.The I Additional District and Sessions Judge, Vellore, Vellore District, 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. +2 copies CRL.RC.No.1351 of 2013 NM(CO) CA(10/07/2015)