Krishnamurthy v. Ramesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13715 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 Krishnamurthy

...Petitioner

Vs.

Ramesh

...Respondent

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for records and quash all further proceedings in C.C.No.185 of 2013 pending on the file of the Judicial Magistrate, Devakottai, Sivagangai District. For Petitioner: Mr.R.Meenakshi Sundaram For Respondent: Mr.S.M.Sanjay

O R D E R

This petition is filed to quash the criminal proceedings in C.C.No.185 of 2013 pending on the file of the Judicial Magistrate, Devakottai, Sivagangai District as against the petitioner. 2.The learned counsel appearing for the petitioner would submit that the matter has already been referred to Mediation and Conciliation Centre, attached to this Bench, in which, both the parties agreed for a final settlement to the tune of Rs.7 lakhs, instead of Rs.15 lakhs for the cheque amount. However, the petitioner paid Rs.4 lakhs and he has to pay a sum of Rs.3 lakhs as balance and he has returned the same.

3.The learned counsel appearing for the respondent would also reiterate the same.

4.Considering the above facts and circumstances of the case, this Court is of the view that the petitioner is not willing to the settle the issue amicably. Further, there is no merits in the grounds raised by the petitioners and the same have to be gone into a full-fledged trial and at this stage, the criminal proceedings as against the petitioner cannot be quashed at the threshold and this petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/

5.Accordingly, this criminal original petition is dismissed. Considering the fact that the case is of the year 2013, the learned Judicial Magistrate, Devakottai is directed to dispose of the case, within a period of 6 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-III) To The Judicial Magistrate, Devakottai, Sivagangai District.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) + 1 CC TO MR.S.M.SANJAY, ADVOCATE IN SR NO.90135 Arul BU/PM/SAR-III :02.11.2018 : 2P/5C Crl.O.P.(MD).No.13715 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 11.10.2018 https://hcservices.ecourts.gov.in/hcservices/