Eta Engineering Private Limited v. M/S. Nbr Engineering Contractors And Builders

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Criminal Original Petition No. 16389 of 2021 and Crl.M.P. No. 8932 of 2021 1.M/s.ETA Engineering Private Limited, Registered office at, No.20/21, Razak Garden Main Road, 1st Floor, Arumbakkam, Chennai - 600 106.

2.Mr.Khalifa Abdul Khader Buhari, Director, ETA Engineering Private Limited, New No.26, Old No.25, Khader Nawaz Khan Road, Thousand Lights, Chennai - 600 006.

3.Mr.Abdul Qadir, ETA Engineering Private Limited, Director, No.8, Subbarao Avenue, 3rd Street, Nungambakkam, Chennai - 600 006.

... Petitioners

Versus

M/s.NBR Engineering Contractors & Builders, Rep. by its Managing Partner, Mr.Ananth, 33/6V2, New MG Puram, Perambalur, 621212.

... Respondent 1/5

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records and quash the impugned complaint on the file of Judicial Magistrate - I, Perambalur in S.T.C. No. 122 of 2021.

For Petitioners : Mr. M. Vijayan for M/s. King & Partridge.

For Respondent : Mr. B.S. Manjunath.

O R D E R

The petition is to quash the private complaint in S.T.C. No. 122 of 2021 filed for the alleged offence under Section 138 of the Negotiable Instruments Act, 2015.

2. When the matter was taken up for hearing, it is brought to the notice of the Court that the parties have arrived at a compromise and has filed a memo to that effect and prayed for quashing of the impugned proceedings on the basis of the settlement arrived between the parties.

3. Both the parties are present today and have signed the Memo 2/5

and the same was counter signed by the learned counsels. The said memo is taken on record. In view of the settlement arrived at between the parties, no useful purpose would be served in keeping the proceedings pending. Hence this Court is inclined to quash the impugned proceedings.

4.Accordingly, this Criminal Original Petition is allowed by quashing the proceedings in S.T.C. No. 122 of 2021 on the file of Judicial Magistrate - I, Perambalur. The said Memo shall form part of the order. Consequently, the connected Miscellaneous Petition is closed. 26.06.2023 ay Index: Yes/No Speaking Order / Non-Speaking Order To The Judicial Magistrate No.1, Perambalur.

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SUNDER MOHAN, J ay Crl.O.P. No.16389 of 2021 and Crl.M.P. No. 8932 of 2021 Dated: 26.06.2023 5/5