UTHIRAPATHY vs PERIYASAMY - 2024-02-09

O R D E R

1. Leave granted.

2. These appeals arise out of proceedings under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of two cheques of Rs.10,00,000/- each (totalling Rs.20,00,000/-). The accused-appellant was convicted and sentenced to undergo simple imprisonment for one year by the Trial Court which was confirmed by the Appellate Court as also by the High Court. Against such conviction, the accused- appellant has filed these appeals before this Court.

3. The parties have entered into a settlement in August, 2020, whereby the appellant agreed to pay a total sum of Rs.24,00,000/- (Rupees Twenty Four Lakhs only) to the respondent-complainant.

4. Mr. G.S. Mani, learned counsel appearing for the respondent-complainant, submits that the amount of Rs.24,00,000/- has since been received by the respondent-complainant. He has, however, prayed for a further amount being paid or in the alternative the amount of Rs.20,00,000/- in each case (totalling Rs.40,00,000/-) as directed by the Trial Court may be paid to the respondent-complainant.

5. Considering the facts and circumstances of the case and, in particular, the fact that the compromise between the parties had been arrived at in August, 2020 and as the said amount having been paid, although with some delay, we feel that an additional amount of Rs.6,00,000/- (Rupees six lakhs only) by way of compensation for the delay of about 3½ years in making the payment, be now paid by the appellant to the respondent-complainant.

6. Learned counsel for the appellant prays for eight weeks' time to pay the said amount to the respondent.

7. We, accordingly, allow these appeals and quash all the proceedings subject to the appellant paying Rs.6,00,000/- to the respondent within eight weeks, i.e., on or before 02.04.2024 in addition to the amount already paid.

8. Liberty is granted to the respondent to apply for recall of this order if the said amount is not paid by the aforementioned date.

9. Pending applications also stand disposed of.

...........................,J.

(VIKRAM NATH)

...........................,J. (PRASANNA BHALACHANDRA VARALE)

NEW DELHI;

FEBRUARY 09, 2024.

ITEM NO.60 COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)Nos.11252-11253/2023

(Arising out of impugned final judgment and order dated 20-04-2023 in CRLRC No. 295/2021 20-04-2023 in CRLRC No. 297/2021 passed by the High Court Of Judicature At Madras)

UTHIRAPATHY Petitioner(s)

VERSUS PERIYASAMY Respondent(s)

(IA No. 143685/2023 - EXEMPTION FROM FILING O.T.)

Date : 09-02-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. P.V.yogeswaran, Adv.

Mr. Ashish Kumar Upadhyay, Adv.

Mr. Y. Lokesh, Adv.

Mr. V. Kandha Prabhu, Adv.

Ms. Maitri Goal, Adv.

Mr. Akshat Srivastava, AOR For Respondent(s) Mr. G S Mani, Adv.

Mr. Abhay Singh Yadav, Adv.

Mr. Sanjeev Kumar Mahara, Adv.

Mr. Ashok Kumar Rai, Adv.

Mr. R. Sathish, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeals are allowed in terms of the signed order.

Pending applications also stand disposed of.

(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER

(Signed order is placed on the file.)