Madras High CourtCRL RC/1436/2023settled before the lokadalats

M.Thirumavalavan v. K.Namagiri Lakshmi

2024-06-08Honourable Mr Justice Sunder Mohan4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SUNDER MOHAN AND Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Ravi Sekaran (Advocate) [Crl.R.C.No.1436 of 2023] (This Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C., to set aside the judgment of conviction and sentence dated 07.07.2023 made in Crl.A.No.49 of 2023 on the file of the learned V Additional Sessions Judge, Chennai), confirming the conviction and sentence passed by the learned Special Metropolitan Magistrate, X Court of Small Causes, Chennai in S.T.C.No.541/21 dated 21.12.2022. M.Thirumavalavan ... Petitioner Vs.

K.Namagiri Lakshmi ... Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.A.R.Suresh, learned counsel for the petitioner and Mr.R.Krishnan, learned counsel for the respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT Both the parties and their respective counsel are present.

2. The above Criminal Revision Case has been filed by the accused challenging the judgment of conviction and sentence imposed on him for the offence under Section 138 of the Negotiable Instruments Act.

3. The parties have now agreed for a settlement, by which the respondent/complainant has agreed to receive a sum of Rs.3,00,000/- (Rupees Three Lakhs only) in addition to the already deposited amount of Rs.3,87,000/-, pursuant to the orders passed by this Court and the Appellate Court.

4. The respondent/complainant is permitted to withdraw the already deposited amount forthwith. The petitioner shall pay a sum of Rs.3,00,000/- in three equal monthly instalments to the respondent commencing from July, 2024. The first instalment shall be paid on or before 10th July, 2024 and all the instalments shall be paid by 10th September, 2024.

5. On payment of the final installment, the petitioner/accused shall be acquitted of the charge under Section 138 of the Negotiable Instruments Act. If the petitioner fails to make the payment as aforesaid, the Criminal Revision Case shall be listed for hearing before the Court.

N.Thirumavalavan Counsel for the Petitioner K.Namagiri Lakshmi Counsel for the Respondent This National Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member

To The parties/Advocate concerned Copy to:

1.The V Additional Sessions Judge, Chennai.

2.The Spl. Metropolitan Magistrate, X Court of Small Causes, Chennai. 3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

SUNDER MOHAN, J.

ars/sni NATIONAL LOK ADALAT Crl.R.C.No.1436 of 2023 08.06.2024