Madras High CourtCRL RC/1314/2017dismissed as settled out of court

K. Venkatesh, 45 Yrs, v. K. Pugalenthi,

2021-12-21Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2021

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA Crl.R.C.No.1314 of 2017 K.Venkatesh ... Petitioner/Accused Vs K.Pugalenthi ... Respondent/Complainant PRAYER: This Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., against the order dated 30.01.2017 made in C.C.No.1322 of 2012 on the file of the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet and the same was confirmed by the judgment dated 22.09.2017 made in C.A.No.38 of 2017 on the file of the XVI Additional City Civil Court, Chennai sentencing the petitioner/accused to undergo six months Simple Imprisonment and directed to pay the cheque amount as compensation under Section 255(2) of Cr.P.C.

For Petitioner :

Mr.D.Lakshmipathy For Respondent :

Mr.K.R.Ramesh Kumar

O R D E R

A joint compromise memo dated 17.12.2021 signed by both the parties and their respective counsel is produced before this Court today and parties stating that the matter has been settled out of Court. However the cost of 15% has not been paid to compound the offence before this Court.

2. It is submitted by the learned counsel for the petitioner that due to Covid situation, the petitioner has sustained loss and therefore, the cost of 15% may be waived. The request of the petitioner is accepted and the 15% of cost is waived.

3. Both the petitioner and the respondent are present. The https://hcservices.ecourts.gov.in/hcservices/

respondent has identified the petitioner and stated that he agreed for the terms of compromise. In view of the same, the joint compromise memo is recorded and this Criminal Revision Case is disposed of as settled out of Court. The joint memo of Compromise shall form part of the order.

4. The petitioner is at liberty to withdraw a sum of Rs.3,40,000/- as already deposited in C.C.No.1322 of 2012 on the file of the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, on filing appropriate application before the trial Court. In the event of filing such application, the learned Trial Judge is directed to consider the same and pass appropriate orders.

* Herein enclosed the Joint Memo of Compromise. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssn To

1. The XVI Additional Judge, City Civil Court, Chennai.

2. The Metropolitan Magistrate, Fast Track Court No.III, Saidapet.

Copy to:

The Section Officer, Criminal Section, High Court, Madras-104.

+2ccs to Mr.D.Lakshmipathy, Advocate, S.R.No.69139 +1cc to Mr.K.R.Ramesh Kumar, Advocate, S.R.No.68622 Crl.R.C.No.1314 of 2017 NMI(CO) SU(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/