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C.Muthuvel v. K.Vaithiyalingam

Madras HC5 Feb 2025CRL OP/7636/2023

Case brief

AI extract

What is this about?

Section 482 CrPC direction petition; taking criminal appeal S.R.1773 of 2023 (dated 17.03.2023) on file; Principal District and Sessions Court, Chengalpattu; compromise regarding payment of entire cheque amount; refund of Rs.1,00,000/- deposit; quash petition Crl.O.P.No.21188 of 2014; C.C.No.150 of 2014; Judicial Magistrate, Fast Track Court, Alandur; G.K. Ilanthiraiyan, J.; disposed on 05.02.2025.

What did the court decide?

Trial Court (Judicial Magistrate, Fast Track Court, Alandur) directed to refund the Rs.1,00,000/- deposit to the petitioner upon application filed in the manner known to law; with this direction the Criminal Original Petition stands disposed of. ¶26

C.Muthuvel Vs K.Vaithiyalingam — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Principal District and Sessions Court, Chengalpattu should be directed to take on file and number the criminal appeal filed in S.R.1773 of 2023 dated 17.03.2023 and decide it on its own merits and in accordance with law. +1 more

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Court's answer

Pending the petition, the appeal filed by the petitioner was taken on file by the Appellate Court; during its pendency the petitioner and the respondent entered into a compromise regarding payment of the entire cheque amount, the matter was compromised and the appeal was allowed.

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Ratio / Principle

Since the deposit of Rs.1,00,000/- made at the instance of this Court was not considered part of the settlement, the Trial Court is directed to refund the amount deposited by the petitioner upon an application filed by the petitioner in the manner known to law.

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Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.), Crl.O.P.No.7636 of 2023, decided 05.02.2025: Petition under Section 482 of the Code of Criminal Procedure seeking a direction to the Principal District and Sessions Court, Chengalpattu to take on file and number the criminal appeal in S.R.1773 of 2023 (dated 17.03.2023) and decide it on merits. By the time of hearing the appeal had been taken on file and, after a compromise between petitioner and respondent regarding payment of the entire cheque amount, had been allowed. The Court held that the Rs.1,00,000/- deposited at its instance at the admission stage of quash petition Crl.O.P.No.21188 of 2014 (to the credit of C.C.No.150 of 2014, Judicial Magistrate, Fast Track Court, Alandur) was not considered part of the settlement, and directed the Trial Court to refund the amount to the petitioner on an application filed in the manner known to law; with this direction the petition stood disposed of.

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Crl.O.P.No.7636 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.02.2025

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.7636 of 2023

C.Muthuvel

.... Petitioner

K.Vaithiyalingam .... Respondent

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Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Court at Chengalpattu to take the Criminal appeal filed in S.R.1773 of 2023 dated 17.03.2023 on file and number the same and decide the appeal on its own merits and in accordance with law.

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For Petitioner : Mrs.G.Selvi George For Respondent : No appearance

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ORDER

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This Criminal Original Petition has been filed to direct the

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Principal District and Sessions Judge, Chengalpattu to take the Criminal appeal filed in S.R.1773 of 2023 dated 17.03.2023 on file, number the same and decide the appeal on its own merits and in accordance with law.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7636 of 2023

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Heard the learned counsel appearing for the petitioner and perused the materials available on record. Though notice has been served on the respondent, none appeared on behalf of the respondent either in person or through pleader.

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Pending this petition, the appeal filed by the petitioner has

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been taken on file by the Appellate Court. During the pendency of the appeal, the petitioner and the respondent entered into a compromise regarding the payment of entire cheque amount. Accordingly, the matter was compromised and the appeal was allowed. However, at the time of admission of filing of the quash petition in Crl.O.P.No.21188 of 2014, this Court directed the petitioner to deposit a sum of Rs.1,00,000/- to the credit of C.C.No.150 of 2014 on the file of the Judicial Magistrate, Fast Track Court, Alandur. At the time of settlement, the said deposit was not considered as part of the settlement. Therefore, the Trial Court is directed to refund the amount deposited by the petitioner by filing of an application by the petitioner in the manner known to law.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7636 of 2023

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