The court directed the trial court to refund Rs.60,000 deposited by the petitioner in a cheque dishonour case, noting that the dispute was settled and no substantive adjudication against the petitioner was made.
Direction to the trial court to refund Rs.60,000 deposited by the petitioner within 15 days.
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Crl.M.P.No.13394 of 2024
Crl.M.P.No.13394 of 2024 in Crl.A.No.459 of 2021
SHAMIM AHMED,J.
Heard Mr.K.Sivakumar, learned counsel representing the
appellant and Mr.G.Subramanian, learned counsel for the respondent.
Metropolitan Magistrate (Fast Tract-II) Court at Egmore (Allikulan Campus) Chennai, to refund the 20% of cheque amount viz., Rs.60,000/- deposited by the respondent in C.C.No.217 of 2016 by receipt No.A 9606 dated 26.12.2019 to the petitioner/respondent herein.
Crl.M.P.No.13394 of 2024
4.
“ In the result, the appeal is allowed by setting aside the conviction and sentence including the levy of compensation imposed
Crl.M.P.No.13394 of 2024
against the Appellant/Accused on 23.10.2019 made in C.C.No.217/2016 by the learned Metropolitan Magistrate- Fast Tract -II at Egmore, Allikulam, Chennai – 3 and the appellant/accused is acquitted by this appellant Court accordingly.”
“ When the matter was taken up for hearing, the learned counsel for the appellant sought permission of this Court to withdraw this appeal. An endorsement to the said effect was also made by the learned counsel for the appellant in the appeal today.
In view of the submission made by the learned counsel for the appellant,this Criminal Appeal stands dismissed as withdrawn”.
Crl.M.P.No.13394 of 2024
Crl.M.P.No.13394 of 2024
petitioner/respondent in C.C.No.217 of 2016 by receipt No, A 9606 dated 26.12.2019 within 15 days from the date of receipt of a certified copy of this order.
disposed of.
03.10.2024
vca
Crl.M.P.No.13394 of 2024
SHAMIM AHMED,J.
Vca
Crl.M.P.No.13394 of 2024
Crl.M.P.No.13394 of 2024
03.10.2024
2 issues framed by the court
Whether a deposit made by an accused subject to an interim order must be refunded upon settlement of the dispute and acquittal/appeal dismissal.
Whether the trial court should be directed to refund the deposited cheque amount.
SHAMIM AHMED
COMPLAINANT
SHAMIM AHMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
