Madras High CourtCRL RC/772/2021settled before the lokadalats

Babu v. M.Govindasamy

2022-11-12Honourable Mrs Justice R. Hemalatha5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R. HEMALATHA and Members Mr.V. Arumugam, District Judge (Retd.) Mrs. A. Alamelu, Advocate Crl RC. No.772 of 2021 (Criminal Revision against the Judgment dated 04.10.2021 passed in C.A. No.39 of 2021 on the file of the I Additional District and Sessions Court, Coimbatore, upholding the judgment dated 29.01.2021 in CC No.38/2013 dated 29.01.2021, on the file of the Judicial Magistrate Court, Mettupalayam).

Babu .. Petitioner Vs.

M. Govindasamy .. Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the petitioner Mr.E.D.Sethupathi, and the respondent are present.

TERMS OF SETTLEMENT The respondent/complainant Govindasamy filed a complaint in C.C.No.38 of 2013 under Section 138 of Negotiable Instruments Act before the Judicial Magistrate, Mettupalayam, in which the petitioner/accused was convicted and sentenced to undergo three months simple imprisonment and also to pay a fine of Rs.3,30,000/- . The fine amount of Rs.3,30,000/- was ordered to be paid to the respondent/complainant towards compensation.

2. Aggrieved over the above orders passed by the learned the Judicial Magistrate, Mettupalayam, the petitioner/accused filed C.A. No.39/2021 before the I Additional District and Sessions Judge, Coimbatore, in which the conviction and sentence passted by the trial court was confirmed, aggrieved over which, the present Criminal Revision is filed by the petitioner/accused.

3. Now a joint compromise memo dated 23.09.2022 signed by both the parties and their respective counsels has been filed, in which it is agreed between the parties that a sum of Rs.3,50,000/- to be paid by the

petitioner/accused to the respondent/claimant. The said memo is recorded. Out of the total amount of Rs.3,50,000/-, Rs.66,000/- was already deposited on 15.04.2021 and another sum of Rs.1,50,000/- was deposited on 20.12.2021 to the credit of CC No.38/2013 on the file of the Judicial Magistrate, Mettupalayam. It is further submitted that the balance amount of Rs.1,34,000/- due to the respondent/complainant is paid today by the petitioner.

4. The amount already deposited by the petitioner to the credit of CC No.38/2013 on the file of the Judicial Magistrate, Mettupalayam, shall be withdrawn by the respondent/complainant in CC No.38/2013.

5. Since the matter is compounded, the Judgment dated 04.10.2021 passed in C.A. No.39 of 2021 on the file of the I Additional District and Sessions Court, Coimbatore, and the judgment dated 29.01.2021 in CC No.38/2013 dated 29.01.2021, on the file of the Judicial Magistrate Court, Mettupalayam, are set aside.

Babu Counsel for the petitioner M. Govindasamy (respondent) This National Lok Adalat award is passed in terms of the above settlement. Judge Member Member To The parties/Advocate concerned Copy to:

1. The I Additional District and Sessions Judge, Coimbatore,

2. The Judicial Magistrate, Mettupalayam 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.

R. HEMALATHA, J.

bga Crl RC. No.772 of 2021 12.11.2022