Gurunathan v. Vijayalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Gurunathan ... Appellant versus Vijayalakshmi ... Respondent Appeal filed under Section 419(4) Cr.P.C. to call for the records relating to the Judgment of the learned Judicial Magistrate, Srirangam, Tiruchirappalli, in S.T.C.No.360 of 2019 dated 05.02.2024, set aside the order of acquittal passed by the trial Court by allowing the appeal and to convict and punish the accused in accordance with law. For Appellant : Mr.S.T.Gopinath Advocate For Respondent : Mr.K.S.Kathiravan Advocate Mr.P.Mahendran, Advocate (appointed as Mediator) 1/5

JUDGMENT

This Criminal Appeal is filed as against the Judgment dated 05.02.2024, passed in S.T.C.No.360 of 2019, by the learned Judicial Magistrate, Srirangam, Tiruchirappalli, acquitting the respondent of the charge under Section 138 of the Negotiable Instruments Act.

2. The respondent/accused is none other than the sister of the complainant/appellant. Considering the relationship and the issue involved in this case, this Court, by its earlier order dated 20.02.2025, referred the matter for mediation and this Court has also appointed the learned counsel Mr.P.Mahendran, who is having 21 years of experience, as a Mediator in this case.

3. It is now reported that on the best efforts taken by the Mediator, the issue has amicably been seltted between the complainant/appellant and the respondent/accused. The learned counsel on either side have also admitted the same.

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4. The Mediator has also filed a mediation report before this Court, wherein, both the parties have entered into a settlement as follows: (i) the appellant has agreed to receive a sum of Rs.25,000/- (Rupees twenty five thousand only) from the respondent towards full and final settlement of his claim particularly in respect of the subject matter of the above Criminal Appeal and dishonoured cheque. (ii) It is also further agreed by the appellant that he would not claim any amounts in future in connection with the above subject matter of the criminal appeal and dishonoured cheque.

(iii) The appellant further agreed to close the above Criminal Appeal proceedings pending before this Hon'ble Court as against the respondent herein.

5. In the mediation report, it is also stated that the respondent, in due compliance of the above said terms arrived during the mediation, has already paid the amount of Rs.25,000/- to the appellant by way of a Demand Draft drawn on Karur Vysya Bank, Nelson Manickam Road Branch, Chennai, vide D.D.No.364739 dated 18.03.2025 and the same was duly 3/5

acknowledged by the appellant.

6. Considering the development that the issue has been amicably settled between the parties, this Criminal Appeal is closed.

7. This Court places its appreciation to the learned counsel, Mr.P.Mahendran, for having taken his best efforts in resolving the matter between the parties.

24.03.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

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