Madras High CourtCRL RC/863/2019disposed of

M/S.V.L.Tech v. K.Ganesh

2023-08-31Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.RC.No.863 of 2019 1.M/s.V.L.Tech, Rep by its proprietor, N.Gnanavel 2.N.Gnanavel ... Petitioners Vs.

K.Ganesh ... Respondent PRAYER: Criminal Revision Petition filed under Section 397 r/w 401 Criminal Procedure Code, to set aside the order in C.A.No.126 of 2017 dated 25.01.2019 on the file of the Principal District and Session Judge, at Tiruvallur filed against the order dated 27.03.2017 passed in S.T.C.No.212 of 2016 on the file of the learned Magistrate, Fast Tract Court (Magisterial Level-II), Poonamallee.

For Petitioners : Mr. B.Sridhar For Respondent : Mr.Amar Dinesh Pandiyan 1/4

ORDER

The Criminal Revision case is filed to set aside the order in C.A.No.126 of 2017 dated 25.01.2019 on the file of the Principal District and Session Judge, at Tiruvallur, filed against the order dated 27.03.2017 passed in S.T.C.No.212 of 2016 on the file of the learned Magistrate, Fast Tract Court (Magisterial Level-II), Poonamallee.

2. The learned Counsel appearing for the Revision Petitioner submits that already at the time of admission of this Crl.R.C., a sum of Rs.3,00,000/- was deposited before the learned Judicial Magistrate, Fast Track Court, (Magisterial Level-II), Poonamallee. Subsequently, on 18.08.2023, a Demand Draft bearing No.108058 for a sum of Rs.3,00,000/- was furnished in favour of the Complainant.

3.Today (31.08.2023), when the matter is taken up for hearing, the learned Counsel for the Respondent/Complainant submits that the Revision Petitioner handed over cash of Rs.1,00,000/- to the Respondent/Complainant and on 30.08.2023, by way of Demand Draft bearing No.108071, a sum of Rs.2,00,000/- was deposited in favour of the Respondent/Complainant. 2/4

4. As per the compromise arrived between the parties, instead of Rs.10,00,000/- in the cheque amount, the Respondent/Complainant had received a sum of Rs.9,00,000/- as one time settlement. The memo also filed by the learned Counsel for the Revision Petitioner signed by the learned Counsel for the Respondent/Complainant as well as the Revision Petitioner.

5. In the light of the above, the amount already in the deposit of the Court of the learned Judicial Magistrate, is to be permitted to be withdrawn.

6. Accordingly, the learned Judicial Magistrate, Fast Track Court, (Magisterial Level-II), Poonamallee, is directed to permit the Respondent/Complainant to withdraw the amount available in the Court deposit in S.T.C.No.212 of 2016 dated 27.03.2017. 7.With the above directions, the Criminal Revision Case stands disposed of as settled between the parties.

31.08.2023 vsn 3/4

SATHI KUMAR SUKUMARA KURUP ,J.

vsn 31.08.2023 4/4