Madras High CourtCRL RC(MD)/172/2014disposed of

A.Augustin Ranjith v. K.Shudhakar(Died)

2019-07-26Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BAIL SLIP Augustin Ranjith, Petitioner/Accused, S/o.S.Anand Lourdu Raj, is released on Bail vide Court order dated, 28.02.2014 made in MP (MD)No.2 of 2014 in Crl RC(MD)No.172 of 2014. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.R.C(MD)No.172 of 2014 A.Augustin Ranjith : Revision Petitioner/ Appellant/ Accused Vs.

1.K.Shudhakar (Died) 2.S.Jeyageetha 3.Minor Nanthakumar : Respondents/Complainants (R3 represented by through his Natural Guardian mother) (R2 and R3 impleaded as per the order of this court made in Crl.MP(MD)No.412 of 2019 in Crl.RC(MD)No.172 of 2014, dated 13.06.2019) Prayer: Criminal Revision has been filed under Sections 397 and 401 of Criminal Procedure Code, against the judgment, dated 12.12.2013 passed in C.A.No.43 of 2011 by the II Additional District and Sessions Judge, Thanjavur, confirming the judgment, dated 24.06.2011 passed by the Judicial Magistrate No.1, Thanjavur, in C.C.No.193 of 2011.

For Petitioner : Mr.C.Arul Vadivel alias Sekar For Respondents : Mr.G.Thiruvarutselvan

J U D G M E N T

This criminal revision is directed against the judgment, dated 12.12.2013 passed in C.A.No.43 of 2011 by the II Additional District and Sessions Judge, Thanjavur, confirming the judgment, dated 24.06.2011 passed by the Judicial Magistrate No.1, Thanjavur, in C.C.No.193 of 2011.

2.The brief facts of the case is that the accused is well known to the complainant and he received a loan of Rs.50,000/- each on 05.12.2003 and 15.07.2004 and subsequently, a sum of Rs.60,000/- was received on 09.10.2004 and for the above said sums, promissory note was executed by the accused in favour of the complainant and due to non-payment of the amount received by the accused on 05.12.2003 and 15.07.2004, the complainant filed C.C.No.910 of 2005 on the basis of the cheque issued by the accused in favour of the complainant and subsequently, both of them entered into a compromise and the accused has paid a sum of Rs.80,000/- in toto and agreed to pay the balance amount with interest totally a sum of Rs.1,10,000/- and in order to settle that amount, a cheque was issued on 16.04.

2007 in favour of the complainant and when it was presented on 17.04.2007, the same was returned stating that "Insufficient Fund". Thereafter, the complainant issued a notice on 21.04.2007, but it was returned as "unclaimed". Hence, this case. 3.When the matter is taken up for hearing, the learned counsel appearing for both sides submitted that the matter has already been settled before the Medication and Conciliation Centre, attached to this Bench, on 03.07.2019. The settlement agreement entered into between the parties before the Mediation and Conciliation Centre, on 03.07.2019 attached to this Bench would run thus:- "(i)Since the entire cheque amount of Rs.1,10,000/- (Rupees one lakh and one thousand only) and compensate amount of Rs.

20,000/- an totally 1,30,000/- (Rupees One Lakh and Thirty thousand only) has been agreed by both parties. In this regard, Demand Draft in D.D.No.936168, dated 03.07.2019, Indian Bank, High Court Branch, Madurai has been given to the respondent by the petitioner, in the presence of counsel for both parties.

(ii)Now both parties amicably settled their issues and the respondent also agreed to withdraw the complaint given by her deceased husband before the learned Judicial Magistrate No.1, Thanjavur. So she is not willing to continue the above Crl.RC(MD)No.172 of 2014. Today itself there is no issues between both parties regarding any money transactions."

4.Keeping in view of the above and now, the matter has been

amicably settled between the parties before the Mediation and Conciliation Centre, attached to this Bench, the revision petition is disposed of in terms of the settlement arrived at between the parties. The Settlement Agreement, dated 03.07.2019 shall form part of the order.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) er To 1.The II Additional District and Sessions Judge, Thanjavur.

2.The Judicial Magistrate No.1,Thanjavur.

+1 CC to M/s.C.ARUL VADIVEL @ SEKAR, Advocate ( SR-77867[F] dated 26/07/2019 ) Crl.R.C(MD)No.172 of 2014 26.07.2019 KK/SAR/03.09.2019/3P-4C/