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2009 Supreme(Mad) 1131

S.TAMILVANAN
Valarmathi Oil Industries, Rep. by its Partner, K. Srinivasan & Another – Appellant
Versus
Saradhi Ginning Factory, Rep. by its Partner, A. Govindarajan – Respondent


Advocates Appeared:
For the Petitioners:Ilanthiraian, Sai Bharath & Ilan, Advocates.
For the Respondent:S. Ashok Kumar, Advocate.

Judgment :-

1. This revision petition has been preferred against the order, dated 111. 2007 made in C.M.P.No.4686 of 2007 in C.A.No.167 of 2007 on the file of the Principal District and Sessions Judge, Salem.

2. It is an admitted fact that the case in C.C.No.308 of 2006 was taken on file by the learned Judicial Magistrate No.I, Salem on the complaint given by the respondent herein that the cheque was issued by the second petitioner herein on behalf of the first petitioner as partner of the firm, however, the same was dishonoured by the bank, due to insufficient funds. According to the respondent, after issuance of the legal notice to the petitioner, the complaint was given under Section 138 of the Negotiable Instruments Act against the petitioners. During the pendency of the criminal case, at request of both the parties, the matter was referred to Lok Adalat for settlement. It is seen that the matter was referred to Lok Adalat under Section 20 (1) (i) (b), 20 (1) (ii) of Legal Services Authorities Act (Act.39/1987).

3. Both the parties were present before Lok Adalat and as per the award, they agreed for the settlement and accordingly, the petitioner / accused, agreed to pay Rs.3,7















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