Madras High CourtCRL OP/9422/2013dismissed as infructuous

M/S.Gr Frangrances (India) v. M/S.Sriram City Union

2018-06-18Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2018

CORAM

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA CRL.O.P.Nos. 9422 & 9423 of 2013 and Crl. M.P.Nos. 1 & 2 of 2013 and Crl M.P.Nos. 1 & 2 of 2013 1.M/s.GR Fragrances (India) Pvt. Ltd, through its Director, Mr.B.Abdul Rahim, No.5, Kilpauk Garden Road 1st Street, Kilpauk, Chennai - 600 010.

2.B.Abdul Rahim 3.Fathima Rahim .. Petitioners in both Crl.O.Ps Vs M/s. Sriram City Union Finance Limited, Rep by Mr.N.Ganesan, No.221, Royapettah High Road, Chennai-600 004.

.. Respondent in both Crl.O.Ps Common Prayer:

Criminal Original Petitions filed under Section 482 of Cr.P.C., praying to call for the records of the complaint of the respondent pending on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai in C.C.Nos.2878 and 2365 of 2012 respectively and quash the same.

For Petitioners : Mr.Mubarak Ahamed For Respondent : M/s. Sri Shanka Associates (in both Crl.O.Ps) C O M M O N O R D E R The learned counsel appearing for the petitioner submitted that subsequent to the filing of these petitions, Original Petition No.832 of 2015 had been filed before this Court and an order was passed on 30.08.2016 as agreed between the parties. The learned counsel for the petitioner drew the attention of this Court to paragraph 1 sub-clause (iii) of the said order, which reads as follows:

https://hcservices.ecourts.gov.in/hcservices/

1 (iii) The first instalment will be paid on or before 15.09.2016. The remaining four instalments will be paid in the succeeding months, albeit, on or before 15th day of each English calendar month.

2. He further submitted that as per paragraph 1 subclause (iii) of the said order, amount has been paid.

3. In the facts and circumstances of the present case, nothing survives for further adjudication and the learned counsel for the petitioner made an endorsement to that effect. Therefore, these Criminal Original Petitions are dismissed as infractuous. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ia To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.AHMAD ASSO. Advocate, S.R.No. 38132 CRL.O.P.Nos. 9422 & 9423 of 2013 NM(CO) TR(04/07/2018) https://hcservices.ecourts.gov.in/hcservices/