Petitioner filed a review petition under CrPC 397/401 regarding an acquitted case. The respondent consented to pay Rs. 75,000/- as full and final settlement, leading to the disposal of the petition by recording the undertaking.
Petition disposed by recording the undertaking for Rs. 75,000/- between parties.
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Crl.R.C(MD)No.384 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.384 of 2017
A.Selvaraj ... Petitioner Vs
1.Kesava Ramanujam @ Ravi 2.Arumaiselvi 3.M/s.Biocotton Apparel Rep. by the Proprietor, No.6, Sugam Nagar, Aneripalayam, Tirupur - 3. ... Respondents
PRAYER: Petition filed under Section 397(1) r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order of acquittal made in C.A.No.139 of 2014 on the file of the II Additional District Court, Trichirapalli, dated 15.12.2016, confirming the order of acquittal made in S.T.C.No.1023 of 2010 on the file of the Judicial Magistrate No.II, Trichirapalli, dated 01.09.2014 and set aside the same.
For Petitioner : Mr.R.Karunanidhi For Respondents 1 & 2 : Mr.V.Janakiramulu
ORDER
Heard the learned counsel on either side.
2.The complainant is the revision petitioner. The complainant had filed STC No.1023 of 2010 on the file of the learned Judicial Magistrate No.II, Trichirapalli, against the respondents herein. The case ended in acquittal that was also confirmed in Criminal Appeal No.139 of 2014 on the file of the learned II Additional District and Sessions Judge, Trichirapalli.
3.When the matter was taken up for hearing, I suggested to the learned counsel for the respondents that though I may not interfere with the judgment of the acquittal, I would still expect the respondents to settle the claim of the revision petitioner, if they felt morally obliged to do so. I am happy to record that the respondents have accepted my request and they offered to pay a sum of Rs.75,000/- to the petitioner herein.
4.I must note here that the second respondent was not the drawer of the cheque also. The respondents have come forward to pay https://hcservices.ecourts.gov.in/hcservices/
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Crl.R.C(MD)No.384 of 2017
a sum of Rs.75,000/- to the petitioner towards full and final settlement of all their claims and the petitioner has also accepted the same.
5.In view of the above, the revision petition is disposed of by recording the said undertaking between the parties.
Assistant Registrar (CS-III)
// True Copy //
/ /2021
Sub Assistant Registrar(CS)
rm
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
1.The II Additional District Judge, Trichirapalli.
2.The Judicial Magistrate No.II, Trichirapalli.
3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai (2 copies)
+1cc to Mr.V.Janakiramulu,Advocate Sr.No.27209
Crl.R.C(MD)No.384 of 2017 22.12.2020
VB (09.02.2021) 2P 6C
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1 provisions across 1 enactments
A. Selvaraj
K. Kesava Ramanujam
Arumaiselvi
M/s. Biocotton Apparel
G. R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
