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Madras High CourtCRL OP/23123/2022disposed of

M.S.M.S.Metals And Steels Private Limited v. M/S.Mehala Castings And Components Pvt.Ltd

2023-06-14Honourable Mr Justice M. Nirmal Kumar9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M/s.M.S.Metals and Steels Private Limited, Rep. by its Authorised representative Mr.Bhaavesh Bafna, No.VI(A), Calve Chateau, No.808, Poonamallee High Road, Chennai - 10.

... Petitioner in both Crl.O.Ps Vs.

1.M/s.Mehala Castings & Components Pvt. Ltd.

S.F.No.426/2, Thekklur, Avinashi Taluk, Tirupur District - 641 654.

2.Mr.Ramasamy Selvam, Director, M/s.Mehala Castings & Components Pvt. Ltd., 147/14, Valaynakadu Main Road, Kumar Nagar South, Tirupur - 641 603, Tamil Nadu, India.

3.Mr.Chinnaya Gounder Subrmanium, Director, M/s.Mehala Castings & Components Pvt. Ltd., No.1, College Road, Cross II Street, Odaakkadu, Tirupur - 641 602,Tamil Nadu, India.

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4.Mr.Rathinasamy, Managing Director, M/s.Mehala Castings & Components Pvt. Ltd., 74/2, Kaliyampudur Road, Ramprasad Hospital, Perundurai - 638 052.

... Respondents in both Crl.O.Ps Common Prayer: Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code to withdraw and transfer C.C.Nos.368/2015 and 367/2015 on the file of the FTC, Tirppur to any other Competent Court at Chennai.

For Petitioner in both Crl.O.Ps : Ms.Alice Chitra for Ms.Thenkodi Annam Nelson For R2 & R3 in both Crl.O.Ps : Mr.K.Kumaraguru COMMON ORDER These Criminal Original Petitions were filed to withdraw and transfer C.C.Nos.368/2015 and 367/2015 on the file of the Fast Track Court, Tirppur to any other Competent Court at Chennai.

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2.Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents 2 and 3. 3.The petitioner/complainant filed a private complaint under Section 138 of Negotiable Instruments Act against the respondent/accused in C.C.Nos.368/2015 and 367/2015 on the file of the Fast Track Court, Tiruppur. During the pendency of the above cases, the matter was referred to Mediation where a settlement was arrived between the petitioner and the respondents on 05.01.2023 with certain terms and conditions. A scanned reproduction of settlement agreement is as follows: 3/9

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4.It is further submitted that after the settlement, now the case in C.C.Nos.368/2015 and 367/2015 had been withdrawn by filing a petition under Section 257 Cr.P.C. by the petitioner/complainant before the Trial Court on 24.02.2023.

5.Learned counsel appearing for the respondents 2 and 3 confirms the same.

6.In view of the above, nothing further survives in the above petitions. Accordingly, the Criminal Original Petitions are disposed of. 14.06.2023 Index : Yes/No Speaking Order/Non-Speaking Order cse To The Judicial Magistrate, Fast Track Court, Tirupur 8/9

M.NIRMAL KUMAR, J.

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