Madras High CourtCRL OP(MD)/18718/2019allowed

K. Kurunjeeswaran v. K. Ganesan (Died)

2021-03-03Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.18718 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.18718 of 2019 K.Kurunjeeswaran ... Petitioner/Petitioner/Petitioner/ Accused Vs.

1.K.Ganesan(Died) ... Respondent/Respondent/Respondent/ Complainant 2.Dhanalakshmi ... Respondent/Respondent/Respondent/ Not a party Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to permit the petitioner to compound the offence instituted against the petitioner under Section 138 of Negotiable Instruments Act and to acquit the petitioner by setting aside the judgment of conviction and sentence imposed in the judgment passed in STC.No.319 of 2011 dated 15.04.2014, by the Judicial Magistrate cum Fast Track Mahila Court, Theni, confirmed by the learned Additional Sessions Judge, Theni @ Periyakulam, in C.A.No.24 of 2014 dated 19.02.2018, which again confirmed by this Court in Crl.R.C.(MD)No.454 of 2018 dated 03.09.2018 and to set him at liberty.

For Petitioner : Mr.A.K.Hemaraj For 1st Respondent : Died For 2nd Respondent : Mr.J.Yogeswaran

ORDER

The learned counsel appearing for the petitioner as well as the learned counsel appearing for the second respondent, submitted that subsequent to the orders, dated 03.09.2018 passed by this Court in Crl.R.C(MD)No.454 of 2018, Lok Adalat award was passed, whereby, the petitioner and the second respondent, compromised the issue between them and STC.No.319 of 2011 was undertaken to be withdrawn. A copy of the Lok Adalat award is also filed before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18718 of 2019 2.Recording the same, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS ) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

Encl: Xerox copy of Lok Adalat award

1. The Additional District and Sessions Judge, Theni @ Periyakulam.

2. The Judicial Magistrate cum Fast Track Mahila Court, Theni.

Crl.O.P.(MD)No.18718 of 2019 03.03.2021 rm AE/ (23/03/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2