R.Thamodaran v. Dhanalakshmi Srinivasan Chit Funds(Pvt) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH CRL.O.P.No.23639 of 2018 and Crl.M.P.Nos.13281 & 13283 of 2018 R.Thamodaran .. Petitioner Vs Dhanalakshmi Srinivasan Chit Funds (Pvt) Ltd. Represented by its General Power of Attorney, As well as Legal Manager, K.A.Kannan, Having Head Office at No.274/C, Thuraiyur Road, Perambalur - 621 212. Having Branch Office at No.120, Ground Floor, M.G.Road, Kottakuppam, Vanur Taluk, Villpuram District - 605 011. .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records pertaining to the complaint in S.T.C.No.1464 of 2018 on the file of the Judicial Magistrate, Perambalur and to quash the same. For Petitioner : Mr.S.Madhusudanan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the complaint in S.T.C.No.1464 of 2018 on the file of the Judicial Magistrate, Perambalur and to quash the same.

2. The petitioner is facing prosecution in S.T.C.No.1464 of 2018 for the offence under Section 138 of Negotiable Instruments Act, before the Judicial Magistrate Court, Perambalur, for quashing which, this application has been filed.

3. Heard Mr.S.Madhusudanan, learned counsel for the petitioner/accused, who submitted that the complainant/respondent has already initiated civil proceedings and has also filed an application under Order XXI Rule 11 of C.P.C. for recovery of amount, and therefore, the prosecution is an abuse of process of law.

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4. In the opinion of this Court, initiation of civil proceedings cannot be a ground for quashing the criminal prosecution for the offence under Section 138 of the Negotiable Instruments Act, if the ingredients of the offence under Section 138 of the Negotiable Instruments Act stands satisfied.

5. Mr.S.Madhusudanan further submitted that there is every possibility for the petitioner/accused to arrive at a settlement with the complainant/respondent, if the parties are referred to the Mediation Centre.

6. Accepting the submission, the petitioner/accused is directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and he shall file an application under Section 436 Cr.P.C. for bail, and on such application being made, he shall be released on bail on the same day, on executing a bond for Rs.5,000/- with two sureties. Thereafter, the trial Court is directed to send the petitioner/accused and the respondent/complainant to the local Mediation Centre for arriving at a settlement. One month time is granted to the Mediation Centre, from the date of receipt of such reference from the trial Court, to complete the mediation process. If the Mediation fails, the trial Court shall proceed with the trial.

With the above directions, this Criminal Original Petition stands dismissed.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mkn To The Judicial Magistrate, Perambalur.

+1cc to Mr.S.Madhusudanan, Advocate, S.R.No. 68762 CRL.O.P.No.23639 of 2018 and Crl.M.P.Nos.13281 & 13283 of 2018 PP(CO) GN(23/10/2018) https://hcservices.ecourts.gov.in/hcservices/