Madras High CourtCRL OP(MD)/12091/2015allowed

A.Nagarajan v. Mahendran

2019-12-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.OP.(MD) No.12091 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.12091 of 2015 and M.P.(MD)No.1 of 2015 A.Nagarajan ... Petitioner -vsMahendran ... Respondent PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records relating to the proceedings in S.T.C.No.612 of 2014 pending on the file of the Fast Track Court (Judicial Magistrate Level) No.1, Madurai and quash the same. For Petitioner : Mr.D.Malaichamy For Respondent : Mr.A.Haja Mohideen

O R D E R

The petitioner is figuring as an accused in S.T.C.No.612 of 2014 on the file of the Fast Track Court (Judicial Magistrate Level) No.1, Madurai. It is a private complaint filed by the respondent herein for the offences under Section 138 of Negotiable Instruments Act, 1881. To quash the same, this Criminal Original Petition has been filed.

2.The learned counsel for the petitioner states that the petitioner is willing to pay a sum of Rs.1,25,000/-(Rupees One Lakh and Twenty Five Thousand only) in five equal monthly installments commencing from January, 2020.

3.The learned counsel for the respondent on instructions states that the respondent is ready to accept the same. 4.Since the issue raised in this proceedings has been amicably resolved between themselves, I am of the view that the continuation of the impugned proceedings is not warranted. In this view of the matter, the impugned proceedings is quashed. 5.It is made clear that since the proceedings are quashed based on the undertaking of the petitioner, if there is any breach https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.OP.(MD) No.12091 of 2015 in the undertaking, the respondent would be at liberty to move this Court for punishing the petitioner herein.

6.With this liberty, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To The Fast Track Court No.1, (Judicial Magistrate level) Madurai.

+1 CC to M/s.D.MALAICHAMY, Advocate ( SR-103159[F] +1 CC to M/s.A.HAJA MOHIDEEN, Advocate ( SR-103177[F] Crl.O.P.(MD)No.12091 of 2015 and M.P.(MD)No.1 of 2015 03.12.2019 Sma/01/06/2020/2p/4c https://hcservices.ecourts.gov.in/hcservices/ 2 / 2