Petitioner sought quashing of proceedings for dishonoured cheque (STC No. 117 of 2014) under Section 482 CrPC. Respondent received settlement sum. Court quashed proceedings based on settlement deed.
Quash proceedings in STC No. 117 of 2014 and close connected miscellaneous petitions.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.10888 of 2014 and M.P.(MD) Nos.1 and 2 of 2014
C.Dhayabaran ... Petitioner Vs.
K.Sethu Sundaram Pillai ... Respondent
PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in STC.No.117 of 2014 on the file of the Judicial Magistrate (Fast Track Court) No.I, Nagercoil and quash the same.
For Petitioner : Mr.B.Brijesh Kishore For Respondent : Mr.T.Selvakumaran
ORDER
This petition is filed to quash the proceedings in STC.No.117 of 2014 on the file of the Judicial Magistrate (Fast Track Court) No.I, Nagercoil.
2.The learned counsel appearing for the petitioner submits that while pending this criminal original petition, on 14.09.2018, the respondent/complainant has received a sum of Rs.3,00,000/(Rupees Three Lakhs only) as full and final settlement in respect of the cheque bearing No.532720 dated 12.02.2014.To that extent, the learned counsel for the petitioner filed a copy of compromise deed dated 14.09.2018.
3.In view of the settlement between the parties, the case in STC.No.117 of 2014 on the file of the Judicial Magistrate (Fast Track Court) No.I, Nagercoil, is quashed and this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. The copy of the compromise deed shall form part of this order.
Sd/-
Assistant Registrar(Crl.side)
/True Copy/
Sub Assistant Registrar(CS-III)
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Encl:Xerox copy of Joint Compromise Memo
To
The Judicial Magistrate (Fast Track Court) No.I, Nagercoil.
Crl.O.P.(MD).No.10888 of 2014 01.10.2018
RMK
ES/SKN/RSK/SAR 3/22.11.2018/2P/2C
2 issues framed by the court
Whether proceedings for cheque dishonour should be quashed upon settlement between parties.
Whether Section 482 of CrPC can be invoked to quash proceedings following a compromise agreement.
1 provisions across 1 enactments
C. Dhayabaran
K. Sethu Sundaram Pillai
G. K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
