IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Wednesday, the Nineteenth day of January

Two Thousand and Twenty Two

PRESENT

THE HON`BLE MR JUSTICE A.D.JAGADISH CHANDIRA

Crl.M.P.Nos.12673 of 2021 and 413 of 2022

in Crl.RC.1193 of 2020

Chandrasekar

... Petitioner/Accused

(in both Petitions)

Vs.

Govindarajan

... Respondent/Complainant

(in both Petitions)

Prayer in Crl.M.P.No.12673 of 2021:

Petition filed under section 482 of CrPC to accept

compromise memo filed in Crl.RC.No.1193/2020 consequently

setaside the judgment date 21.02.2020 passed in CA.No.184/2019

on the file of the learned III Additional Sessions Judge, City

Civil Court, Chennai confirming order passed by the

Metropolitan Magistrate court NO.IV(FTC),George Town,Chennai

in CC.No.2381 Of 2016 dated 05.03.2019.

Prayer in Crl.M.P.No.413 of 2022:

Petition praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court

will be pleased to accept the compromise memo filed in the

Crl.RC.No. 1193 of 2020 consequently setaside the Judgement

dated 21.02.2020 passed in C.A.No. 184 of 2019, on the file of

the learned III ADDL. Sessions Judge, City Civil Court,

Chennai Confirming the order passed by the Learned

Metropolitan Magistrate Court No. IV (FTC), George Town,

Chennai in C.C.No. 2381/2016 dated 05.03.2019 and order

permission to the respondent for withdraw the conditional

amount Rs. 2,37,437/- deposited by the petitioner on

19.08.2019 vide challan No. 161258 in CC.No. 2381/2016 on the

file of the M.M. Court , FTC IV George Town.

Prayer in Crl.RC.1193 of 2020:

Criminal Revision Case filed under Section 397 and 401 of

Criminal Code Procedure, to set aside the judgment in

CA.No.184 of 2019 dated 21.02.2020 passed by the learned III

Additional Sessions Judge, Chennai confirming the Judgment

dated 05.03.2019 passed in CC.No.2381 of 2016 on the file of

the learned Metropolitan Magistrate (Fast Track IV) George

Town, Chennai.

Order : This petition coming on for hearing on this day upon

perusing the petition and the filed in support thereof and

upon hearing the arguments of Mr.S.N.Subramani, Advocate for

the Petitioner and of Mr.C.V.Kumar for M/s.P.Vishnu for the

Respondent the court made the following order:-

The learned counsel for the respondent/complainant would

submit that the petitioner/accused introduced himself as big

merchant dealing in Export and Import of agricultural products

to local and foreign buyers and thereby induced the

respondent/complainant to purchase maize and also promised to

clear the purchase order within a period of two weeks. Based

on the said words, the respondent/complainant supplied maize

for the period from 23.07.2014 to 23.01.2015. The accused is

liable to pay a sum of Rs.11,15,941/-, whenever, the

respondent/complainant

demanded

the

payment,

the

petitioner/accused sought time and thereafter, issued the

following cheques (i)Cheque No.113657 dated 22.01.2015 for a

sum of Rs.2,74,168/- (ii)Cheque No.113659 dated 22.01.2015 for

a sum of Rs.3,08,854/- (iii)Cheque No.113660 dated 22.01.2015

for a sum of Rs.90,100/- and (iv)Cheque No.113656 dated

22.01.2015 for a sum of Rs.3,14,059/- all the cheques were

drawn on the Tamil Nadu Mercantile Bank, Namakkal. The

cheques were presented by the respondent/complainant through

his Bank KVB, Armenian Street on 22.01.2015 and they were

returned on 23.01.2015 with an endorsement "funds

insufficient". Thereafter, the respondent/complainant had sent

a legal notice to the petitioner/accused on 04.02.2015 through

RPAD and the same was received by the accused on 06.02.2015.

Despite receiving the legal notice, the accused had not sent

any reply nor settled the amount. Hence, the

respondent/complainant had filed CC.No.2381 of 2016 on the

file of the Metropolitan Magistrate, Fa