K.Manjunath v. Ganesh Kiran Kolaniyil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.8821 & 8822 of 2021 Manjunath ... Petitioner Vs.

Ganesh Kiran Kolaniyil Represented by his Specific Power Agent Kavitha ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in S.T.C.No.658 of 2019 on the file of the Fast Track (Magistrate Level) at Poonamallee and quash the same.

For Petitioner : Mr.Diwaagar R.S.

For M/s.Vivrit Law For Respondent : Mr.S.Ranjith Kumar

ORDER

This petition has been filed to quash the proceedings in S.T.C.No.658 of 2019 on the file of the learned Fast Track Judge, (Magistrate Level), Poonamallee, thereby taken cognizance for the offences under Section 138 & 142 of the Negotiable Instruments Act. 2.

On perusal of records revealed that, on the request made by

the learned counsel appearing on either side, this Court by an order dated 15.06.2023, referred the matter before the Mediation Centre attached to this Court. In mediation, the parties are amicably settled the issue between them and arrived at a Settlement Agreement dated 13.07.2023. 3.

In view of the settlement arrived between the parties, the proceeding initiated under the Negotiable Instruments Act, as against the petitioner, cannot be sustained and it is liable to be quashed. Accordingly, the proceedings in S.T.C.No.658 of 2019 on the file of the learned Fast Track Judge, (Magistrate Level), Poonamallee, is hereby quashed. The Settlement Agreement dated 13.07.2023, shall form part and parcel of this order.

4.

In result, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 15.11.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

To

1. The Fast Track Judge, (Magistrate Level) Poonamallee,

G.K.ILANTHIRAIYAN. J, rts Crl.O.P.No.16229 of 2021 and Crl.M.P.Nos.8821 & 8822 of 2021 15.11.2023