K.Rahini v. K.Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.04.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Revision Case No.1277 of 2020 and Crl.M.P.Nos.8975 to 8978 of 2020 K.Rahini .. Petitioner /versus/ K.Raja .. Respondent Criminal Revision Case has been filed under Section 397 & 401 of Cr.P.C.,to call for the records and set aside the judgment of the appellate Court made in C.A.No.63 of 2019 on the file of the learned III Additional District Judge at Salem dated 13.10.2020 in dismissing the appeal filed by the appellant herein and confirming the conviction and sentence passed by the learned Fast Track Judicial Magistrate No.III, Salem in S.T.C.No.447 of 2017 in convicting the petitioner herein for the alleged offence under Section 138 of the Negotiable Instruments Act and sentencing her to undergo six months Simple Imprisonment along with the compensation of cheque amount of Rs.1,50,000/-(Rupees one lakh and fifty thousand only_ within 3 months by judgment dated 28.02.2019. For Petitioner :Mr.T.Shanmugam For Respondent :No appearance 1/4

ORDER

This Criminal Revision Case arising out of private complaint initiated under Section 138 of the Negotiable Instruments Act, 1881 was referred to the Mediation and Conciliation Centre, High Court, Madras by this Court vide order dated 08.08.2022. Pursuant to the efforts of the Mediator, the parties have arrived at a settlement and the Mediators have reported to this Court that the parties have settled their dispute and entered into the agreement dated 13.10.2022, which reads as below:- "1.Disputes and differences had arisen between the parties hereto and Crl.R.C.No.1277 of 2022 was filed on 12.12.2020 before the Hon'ble High Court of Madras. 2.The matter was referred to mediation/vide an order dated 08.08.2022 passed by Hon'ble Justice DBCJ. 3.The parties agreed that R.Ramasamy would act as their Mediator.

4.Several meetings were held during the process of Mediation from 15.09.2022 to 13.10.2022 and the parties have with the assistance of the Mediator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

5.The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator. 6.The following settlement has been arrived at between the parties hereto:

A.Both parties agreed that the petitioner S.Rahini 2/4

has to pay 1,20,000/- for entire settlement. It will be paid before the Mediation Centre.

B.The respondent is agreed for the set aside of the conviction order against S.Rahini in S.T.C.No.447 of 2017 JM III Salem.

C.The respondent Raja agreed to set aside the conviction order and to allow the Crl.R.C.No.1277/2020 before this Hon'ble High Court.

7.By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to S.T.C.No.447 of 2017(case No.) and all dispute and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation".

2. In view of the terms of the agreement, this criminal revision case No.1277 of 2020 arising out of S.T.C.No.447 of 2017, is disposed of as compounded. Consequently, connected Miscellaneous petitions are closed.

13.04.2023 Index:yes/no ari To:

1. III Additional District Judge at Salem.

2.The learned Fast Track Judicial Magistrate No.III, Salem. Dr.G.JAYACHANDRAN, J.

3/4

ari and Crl.M.P.Nos.8975 to 8978 of 2020 13.04.2023 4/4