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Madras High CourtCRL RC/1235/2024disposed of with direction

C.Sasikala v. Pandimeena

2024-07-29Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI C.Sasikala ... Petitioner Vs.

Pandimeena ... Respondent Prayer : Criminal Revision Case has been filed under Section 397 r/w. 401 of Criminal Procedure Code, to direct the set aside the order dated 26.04.2024 made in Crl.MP.No.5072 of 2023 in STC. No.320 of 2022 on the file of the learned XV Court of Small Causes at Chennai. For Petitioner : Mr.S.Mannarsamy For Respondent : NDW

ORDER

This Criminal Revision case has been filed against the order dated 26.04.2024 made in Crl.MP.No.5072 of 2023 in STC. No.320 of 2022 on the file of the learned XV Court of Small Causes at Chennai.

2. The petitioner is the accused and the respondent is the complainant. The respondent filed a petition under Section 138 of NI Act against the petitioner before the XV Small Causes Court, chennai. During

pendency of the case, the respondent has filed a petition under Section 143 A of NI Act to deposit 20% of the cheque amount as interim compensation. The learned Judge directed the petitioner to pay 15% of the cheque amount as interim compensation. Challenging the said order, the present revision has been filed.

3. The learned counsel for the petitioner submitted that the petitioner is ready to pay 15% of the cheque amount as ordered by the trial Court to the credit of the case number. However, the amount may not be disbursed to the respondent till the disposal of the main case.

4. Heard the learned counsel for the petitioner and perused the materials available on record. Since no adverse order is passed against the respondent, notice to the respondent is dispensed with.

5. Considering the facts and circumstances of the case and in view of the fair submission made by the learned counsel for the petitioner, this Court directs the petitioner to pay 15% of the cheque

amount before the trial Court to the credit of STC.No.320/2022 within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. 29.07.2024 Index: Yes/No Speaking/Non-Speaking order Rli To The XV Court of Small Causes at Chennai.

M.DHANDAPANI, J.

rli 29.07.2024