Asrivatham v. U. Varatha Angeline

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI T.Asirvatham ... Appellant Vs U.Varatha Angeline ... Respondent PRAYER: Appeal filed under Section 372 of Criminal Procedure Code, to call for the records pertaining to the case in C.A.No.126 of 2014 passed by the Additional District Court at Srivilliputhur, Virudhunagar District, by judgment dated 11.03.2019, by reversing the judgment of conviction passed by the Judicial Magistrate, Sivakasi in CC No.283 of 2012, by judgment, dated 09.09.2014 and set aside the same.

For Appellant : Mr.S.Ramasamy For Respondent : Mr.K.R.Laxman

J U D G M E N T

This appellant has initiated proceedings under Section 138 of Negotiable Instruments Act, as against the respondent herein and her 1/5

husband before the Judicial Magistrate Court, Sivakasi in CC No.283 of 2012. The trial Court, in conclusion of the trial, has found the respondent/A2 guilty, convicted and sentenced her to undergo six months rigorous imprisonment with compensation of Rs.2,00,000/-. The other accused was acquitted by the trial Court. As against the judgment rendered by the trial Court in CC No.283 of 2012, dated 09.09.2014, the respondent/accused has preferred an appeal before the learned Additional District Judge, Srivilliputhur, Virudhunagar in CA No.126 of 2014 and the same was allowed in favour of the respondent and she was acquitted from the charges levelled as against her. Aggrieved over that, the complainant has preferred this Criminal Appeal.

2.Considering the submissions made on either side, after perusing the materials placed on record and also considering the fact that the parties are sisters, this Court suggested them to settle the issue amicably. With the consent of the parties, this Court has referred the matter for mediation and Mr.Jeyakarthick, learned counsel, who is 2/5

having 17 years of experience was appointed as a Mediator in this issue.

3.It appears that on the best efforts taken by Mr.Jeyakarthick, Mediator, Mr.S.Ramsamy, learned counsel for the appellant and Mr.K.R.Laxman, learned counsel for the respondent, the issue between the complainant and the respondent has been amicably settled. It is reported that the respondent has offered to settle a sum of Rs.3,50,000/- towards the cheque amount along with interest. Copy of the Settlement Agreement arrived between the parties and a copy of the Mediation Report are placed before this Court and the same shall form part and parcel of this order.

4.The learned counsel for the complainant submits that since the respondent has paid the amount along with interest, he is not pressing the complaint.

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5.Recording the submissions made by either side counsel as well as the Mediator and also recording the settlement arrived between the parties through mediation, this Criminal Appeal is closed. 01.04.2025 Index : Yes/No Internet : Yes/No vrn 4/5

B.PUGALENDHI, J., vrn Judgment made in 01.04.2025 5/5