P. Vijay Pari vs A. Gasper
2022 Latest Caselaw 11005 Mad

Citation : 2022 Latest Caselaw 11005 Mad
Judgement Date : 24 June, 2022

Madras High Court

P. Vijay Pari vs A. Gasper on 24 June, 2022

                                                                                 Crl.R.C.No. 214 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED : 24.06.2022
                                                         CORAM:
                      THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
                                                     Crl.R.C.No. 214 of 2021

                    P. Vijay Pari                                                      ... Petitioner


                                                           Versus

                    A. Gasper                                                       ... Respondent


                              Criminal Revision Case filed under Section 397 read with Section 401

                    of Cr.P.C., to set aside the order dated 17.03.2021 made in Crl.A.No. 338 of

                    2019 on the file of XVIII Additional Sessions Judge, Chennai, confirming

                    the order dated 04.09.2019 made in C.C.No. 6160 of 2016 by the learned

                    Metropolitan Magistrate-Fast Track Court No.I, Egmore at Allikulam,

                    Chennai - 600 003.



                                    For Petitioner      : Mrs.Sudha Loganathan

                                    For Respondent      : Mr. R.Pawan Kumar Dhanuka

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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.R.C.No. 214 of 2021

                                                         ORDER

Today, when the matter came up for hearing, the learned counsel for

both sides represent that the cheque amount has been paid and it has been

accepted by the Complainant as fullquit and he is willing to drop all further

proceedings and thus, now the parties have amicably resolved the dispute

among themselves and have entered into Joint Memo of Compromise, dated

24.06.2022 which is produced before this Court and the same reads as

follows:-

"1.The respondent herein has filed a case in C.C.No.6160 of 2016 before the learned Metropolitan Magistrate Court, FTCI, Egmore at Allikulam against the petitioner under Section 138 of he Negotiable Instruments Act, for dishonouring of cheque for a sum of Rs.2,60,000/- and the petitioner herein had preferred a Criminal Apeal in Crl.A.No.338 of 2019 before the Hon'ble XVIII Additional City Civil Court at Chennai. Against the judgment passed in the said Crl.A.No. 338 of 2019, the respondent has preferred a criminal revision before this Court in Crl.R.C.No. 214 of 2021 and during the pendency of this revision, both the petitioner and the respondent have arrived for an amicable settlement.

https://www.mhc.tn.gov.in/judis Crl.R.C.No. 214 of 2021

2. Both the petitioner and the respondent in the above criminal revision herein wholly and fully agrees and the petitioner herein paid a sum of Rs.2,27,000/- (Rupees Two Lakhs Twenty Seven Thousand Only) to the respondent in the following manner:

(i) on 5.12.2019 a sum of Rs.52,000/- before the Metropolitan Magistrate Court, FTC-I, Egmore at Allikulam in Receipt No. 9545 in Crl.A.No. 338 of 2019 in C.C.No.6160 of 2016;

(ii) a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) was paid on 01.03.2022; and

(iii) a sum of Rs.1,00,000/- (Rupees One Lakh Only) was paid on 13.04.2022.

in all totalling to a sum of Rs.2,27,000/- to the respondent herein and the same is acknowledged by the respondent by way of separate receipt.

3. The petitioner herein gives his consent to the respondent to withdraw the amount of Rs.52,000/- which is lying before the Metropolitan Magistrate Court, FTC-I, Egmore at Allikulam and further the petitioner has also agrees to give no objection in withdrawing the said amount by the respondent herein.

https://www.mhc.tn.gov.in/judis Crl.R.C.No. 214 of 2021

4. The respondent upon receipt of the said amount of Rs.2,27,000 paid by the petitioner will wholly and fully relinquish forego and desist from claiming all and any of his prevailing, existing and future rights and claims.

5. The petitioner and the respondent pray that this Joint Memo of Compromise shall be made part and pass necessary orders as this Court may deem fit and proper and thus render justice"

2. In view of the settlement arrived at between the parties and which

is reduced into writing in the Joint Memo of Compromise dated 24.06.2022,

the conviction and sentence imposed on the petitioner vide the judgment in

C.C.No. 6160 of 2016, dated 04.09.2019 passed by the learned Metropolitan

Magistrate, [Fast Track Court No.I], Egmore at Lilly Pond, Chennai as

confirmed by judgment dated in Crl.A.No. 338 of 2019, dated 17.03.2021

by the learned XVIII Additional Sessions Judge, Chennai, are set aside the

same and the offense is treated as compounded.

https://www.mhc.tn.gov.in/judis Crl.R.C.No. 214 of 2021

3. The respondent shall be entitled to withdraw the sum of

Rs.52,000/- (Rupees Fifty Two Thousand Only) lying to the credit of

C.C.No. 6160 of 2016, on the file of the Learned Metropolitan Magistrate