Gurunathan vs Vijayalakshmi
2025 Latest Caselaw 4316 Mad

Citation : 2025 Latest Caselaw 4316 Mad
Judgement Date : 24 March, 2025

Madras High Court

Gurunathan vs Vijayalakshmi on 24 March, 2025

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                                            Crl.A.(MD)No.174 of 2025

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 24.03.2025

                                                                CORAM:

                                    THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                  Crl.A.(MD)No.174 of 2025

                     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)




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                                                                                             Crl.A.(MD)No.174 of 2025




                                                              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

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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.