Madras High CourtWP(MD)/3342/2016disposed of

L. Ravikumar v. The Management Of

2016-02-17Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday, the Twenty Eighth day of January Two Thousand and Twenty Two PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD)Nos.3342, 3343 of 2016 K. Thirumavalaavan S/o. Kaliyamoorthy,9-Ponnusamy Aranmanai Street, Ariyalur. ... Petitioner/Sole Accused Vs 1.C. Vijayalakshmi W/o. Chiranjeevi Rathanam Sivakasi.(Rep Through Her Power of Attorney and Legal In- Charge) Ragumathulla S/o. Jamal Muhammed Sivakasi.

2.Ragumathulla (Power of Attorney for Complainant) ... Respondents/Complainants Common Prayer :- There Criminal Original Petitions filed under Section 482 of the CR.P.C to call for the records relating to the S.T.C.Nos. 2319 & 2320 of 2015 on the file of Learned Judicial Magistrate Court, Sivakasi and quash the same COMMON ORDER:- These petitions coming on for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Thiru. V.Ilanchezian, Advocate for the Petitioner and of Thiru. J.Jeyakumaran, Government Advocate for the respondents, this Court made the following order: These petitions are filed to quash the cases pending before the learned Judicial Magistrate, Sivakasi in STC.Nos.2319 of 2015 and 2320 of 2015 for the offence under Section 138 of Negotiable Instruments Act and this Court disposed both the quash petitions by order, dated 25.10.2018, against which the parties went to the Hon'ble Supreme Court of India.

2. On remand from the Hon'ble Supreme Court of India, vide order, dated 13.11.2021 in Crl.A.No.1388 of 2021 (arising from Special Leave to Appeal(Criminal)No.683/2019) and Crl.A.No.1389 of 2021 (arising from Special Leave to Appeal (Criminal)No.711/2019), this matter is taken up for hearing today at second time. https://hcservices.ecourts.gov.in/hcservices/

3. Today, it is represented by the learned counsel appearing for both the parties that the issue is now ended up in settlement between the parties and a memorandum of joint compromise signed by the accused as well as the complainant has been filed before this Court.

4. Recording the same, the criminal cases pending in S.T.C.No.2319 of 2015 and S.T.C.No.2320 of 2015 on the file of the learned Judicial Magistrate, Sivakasi, (now transferred to Judicial Magistrate No.I, Sivakasi) are quashed. The memorandum of joint compromise shall form part of the order. Accordingly, these petitions are ordered.

5. As agreed by the parties in paragraph No.4 of the joint compromise memo, as per the direction of the Supreme Court, the sum of Rs.10,00,000/- deposited before the Judicial Magistrate No.I, Sivakasi by the accused is permitted to be withdrawn by the complainant.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl: Photocopy of Compromise Memo attached.

To 1.THE JUDICIAL MAGISTRATE, SIVAKASI 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.J.Jeyakumaran, Advocate ( SR.No.2769) ORDER DATED : 28/01/2022 ==========================

ORDER

========================== CRL OP(MD)No.3342 of 2016 Giving direction and etc.

as stated within.

MGJ(03.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/