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Madras High CourtCRL RC/2115/2024disposed of

V.Mahendhiran v. Thanikachalam

2025-11-24Honourable Mrs.Justice T.V.Thamilselvi9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. V.Mahendhiran S/o.Venkatesan, D.No.26-e, O.No.13-e, Mahendra Automobiles, Kancheepuram High Road, Masilamani Nagar, Walajabad, Kancheepuram District.

Petitioner(s) Vs

1. THANIKACHALAM S/o.Nataraja Mudhaliar, Plot No.48, Saradha Avenue, Karukinil Amarndhaval Koil Street, Kancheepuram District.

Respondent(s) PRAYER To set aside judgment passed by the Learned Principal District and Sessions Judge, Kancheepuram in C.A.No.5 of 2023 dated 29.08.2024 as confirmed by the judgment passed by the learned Judicial Magistrate-II, Kancheepuram in C.C.No.33 of 2019 dated 06.03.2023 and to pass such or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

A.P.Sathyamurthy P.Narayana Prasadh For Respondent(s):

S.Sathyamurthy K.Prabhakaran-ms/891/2018 A.Sathasivam-ms/3426/2017 Mohammed Dharwish Counsel For Respondent

Mediation Report Received File No.856/25 Mediation Report Received File No.856/25 Dt.14.11.25

ORDER

Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. It is brought to the notice of this Court that some error has been crept in paragraph Nos.2 & 3' of the order dated 24.11.2025. The said paragraph Nos.2 & 3' are to be replaced as follows:

"2. Today when the matter is taken up for hearing, the learned counsel for the petitioner and the respondent submitted that the matter is settled and they have also filed a settlement agreement to that effect and the relevant portion of the agreement is extracted hereunder: ....6. The following settlement has been arrived between the parties hereto. Both the parties arrived for settlement on the following manner:- a. The total cheque amount is Rs.19,00,000/- and out of the above said amount of Rs.3,50,000/- was paid by way of Demand Draft on 03.09.2025.

b. a sum of Rs.1,50,000/- was paid by way of Demand draft on 25.09.2025.

c. a sum of Rs.1,50,000/- was paid by way of Demand Draft on 22.10.2025.

d. a sum of Rs.3,00,000/- was paid by way of Demand Draft on 12.11.2025.

e. Already a sum of Rs.3,80,000/- has been deposited

before the Judicial Magistrate-II, Kancheepuram on 16.06.2023 and the same was already been withdrawn by the complainant.

f. Another a sum of Rs.5,70,000/- has been deposited before the Judicial Magistrate-II Kancheepuram on 26.12.2024. The Respondent/complainant is permitted to withdraw to said the above sum of Rs.5,70,000/-. Thus the matter between the petitioner and the respondent has been settled amicably in the entirety.

3. Recording the settlement agreement filed by the Revision petitioner and Respondent this Criminal Revision Case is disposed of. The settlement agreement filed by the Revision petitioner and Respondent which is extracted above forms part of this order. Since, the matter has been settled, the complaint given by the defacto complainant is dismissed as settled and the accused is acquitted."

3. Registry is directed to incorporate the above paragraph Nos.2 & 3' quoted above and issue fresh order copy to the parties forthwith.

4. In other respects, the order dated 24.11.2025 shall remain unaltered. 05-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To.

1. The Principal District and Sessions Judge, Kancheepuram.

2. The Judicial Magistrate-II, Kancheepuram.

T.V.THAMILSELVI, J.

rri CRL RC No. 2115 of 05.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. V.Mahendhiran S/o.Venkatesan, D.No.26-e, O.No.13-e, Mahendra Automobiles, Kancheepuram High Road, Masilamani Nagar, Walajabad, Kancheepuram District.

Petitioner(s) Vs

1. THANIKACHALAM S/o.Nataraja Mudhaliar, Plot No.48, Saradha Avenue, Karukinil Amarndhaval Koil Street, Kancheepuram District.

Respondent(s) PRAYER To set aside judgment passed by the Learned Principal District and Sessions Judge, Kancheepuram in C.A.No.5 of 2023 dated 29.08.2024 as confirmed by the judgment passed by the learned Judicial Magistrate-II, Kancheepuram in C.C.No.33 of 2019 dated 06.03.2023 and to pass such or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

A.P.Sathyamurthy P.Narayana Prasadh For Respondent(s):

S.Sathyamurthy K.Prabhakaran-ms/891/2018 A.Sathasivam-ms/3426/2017

Mohammed Dharwish Counsel For Respondent Mediation Report Received File No.856/25 Mediation Report Received File No.856/25 Dt.14.11.25

ORDER

This petition is filed to set aside judgment passed by the Learned Principal District and Sessions Judge, Kancheepuram in C.A.No.5 of 2023 dated 29.08.2024 as confirmed by the judgment passed by the learned Judicial Magistrate-II, Kancheepuram in C.C.No.33 of 2019 dated 06.03.2023 and to pass such or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice.

2. Today when the matter is taken up for hearing, the learned counsel for the petitioner and the respondent submitted that the matter is settled and they have also filed a settlement agreement to that effect and the relevant portion of the agreement is extracted hereunder:

....6. The following settlement has been arrived between the parties hereto. Both the parties arrived for settlement on the following manner:- a. The total cheque amount is Rs.19,00,000/- and out of the above said amount of Rs.3,50,000/- was paid by way of Demand Draft on 03.09.2025.

b. a sum of Rs.1,50,000/- was paid by way of Demand draft on 25.09.2025.

c. a sum of Rs.1,50,000/- was paid by way of Demand Draft on 22.10.2025.

d. a sum of Rs.3,00,000/- was paid by way of Demand Draft on 12.11.2025.

e. Already a sum of Rs.3,80,000/- has been deposited before the Judicial Magistrate-II, Kancheepuram on 16.06.2023 and the same was already been withdrawn by the complainant.

f. Another a sum of Rs.5,70,000/- has been deposited before the Judicial Magistrate-II Kancheepuram on 26.12.2024. The Respondent/complainant is permitted to withdraw to said the above sum of Rs.5,60,000/-. Thus the matter between the petitioner and the respondent has been settled amicably in the entirety.

3. Recording the settlement agreement filed by the Revision petitioner and Respondent this Criminal Revision Case is disposed of. The settlement agreement filed by the Revision petitioner and Respondent which is extracted above forms part of this order.

24-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Learned Principal District and Sessions Judge, Kancheepuram

2. The Judicial Magistrate-II, Kancheepuram

T.V.THAMILSELVI, J.

smn CRL RC No. 2115 of 24-11-2025