BEFORE THE LOK ADALAT ORGANSED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : SRI.JACOB VARGHESE (SR.ADVOCATE) & SRI C.KHALID (RETD. DIST. JUDGE) TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.Rev.Pet.No. 2299 of 2008() ------------------------------ CRA.971/2006 of III ADDL.SESSIONS COURT, ERNAKULAM ST.345/2004 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOCHI-5 .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------- RAJESH RAJAGOPAL, AGED 37 YEARS, S/O RAJAGOPAL, RESIDING AT 29/1190A, AYILYAM, MANGOTTU VAYAL, KOTTOOLI, CALICUT -16. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/RESPONDENT/COMPLAINANT --------------- 1. M/S VERTEX SECURITIES LTD., THITTATHIL TOWERS, 2ND FLOOR, MARKET ROAD, ERNAKULAM, REPRESENTED BY ITS SR. EXECUTIVE K.J.THOMAS. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.T.MADHU SRI.P.O.THOMAS SRI.P.R.SHIBU SRI.A.SAIN PAUL R2 BY PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME FOR ORDERS AT LOK ADALAT ON 02/02/2010, ALONG WITH CRRP 2279/08, CRMC 3233/05, CRMC 3242/05, CRA 781/2008 AND O.S. 309/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SRI. P. JACOB VARGHESE (SENIOR ADVOCATE ) & SRI.C.KHALID (RETD.DISTRICT JUDGE) ........................................................................................... CRL. RP.NO. 2299 OF 2008 WITH CRRP 2279/08, CRMC 3233/05, CRMC 3242/05, CRA 781/2008 and O.S. 309/2008 ........................................................................................... DATED THIS THE 2ND DAY OF FEBRUARY, 2010 SETTLEMENT/ORDER Revision petitioner and respondent are present. The counsel for the revision petitioner is represented by Adv. Sri. Sreevinayakan. The counsel for the respondent Sri. Sain Paul is present. The subjet matter of this revision petition is the criminal proceeding initiated under Section 138 of the Negotiable Instruments Act, in respect of cheque for Rs.45,000/-(Rupees Forty five thousand only) issued by the revision petitioner. When the matter was taken up for discussion, the parties agreed to settle the dispute as follows: The parties submitted that there are other cases pending between the parties indifferent Courts, they are Crl. R P No. 2279 / 2008, Cr. M C. No. 3233 / 2005 and CRL. RP.NO. 2299 OF 2008 2 Cr.Mc No.3242/2005 pending in the file of the Honourable High Court of Kerala anc C.C. No.1003 in the file of Judicial Magistrate Court, Kolencherry, (Crl. Appeal No. 781/2008) of the District and Sessions Court, Ernakulam and Civil Suit OS No. 309/3008 in the file of the Principle Sub Court, Ernakulam. All these cases are between the same parties in respect of 4 other cheques issued by the revision petitioner. The civil suit is filed for realisation of principle amount of Rs.3,66,625.41 paise(Rupees Three lakh sixty six thousand six and twenty five) with interest. In the Civil Suit Sri.Rajagopal the revision petitioner's father is the second defendant. The immovable property belonging to him is attached by the Court in I.A.No. 2395/2008. Sri. Rajagopal is present. The parties agreed to settle all these disputes and hence this award is passed to and the parties agree that the award shall be the settled in respect of all these cases. The respondent, Sri. Rajagopal and second defendant in O.S.No. 309/2008 agree and undertake to pay an amount of CRL. RP.NO. 2299 OF 2008 3 Rs.4,00,000/- (Rupees Four lakh only) to the revision respondent M/s. Vertex Securities Limited. They agree that the amount of Rs.2,00,000/- (Rupees Two lakh only) would to be paid on 16-02-2010. The balance amount of Rs.2,00,000/- ( Rupees Two lakh only ) on or before 05-03-2010. The revision respondent agrees to receive the amount of Rs.4,00,000/- (Rupees Four lakh only) as aforesaid in full and final settlement of all their claims in respect of these Criminal petitions and the suit. It is also agreed by the revision petitioner and the respondent that in case of default of Rs.2,00,000/- (Rupees Two lakh only) as agreed to by the revision petitioner on or before 16-02-2010, or the balance amount of Rs.2,00,000/- (Rupees Two lakh only)on or before 05-03-2010, the respondents would be entitled to realise an amount of Rs.3,66,625.41 (Rupees Three lakh sixty six thousand six and twenty five) with interst 12 % per annum from the date of suit (04-07-2004) till realisation and charged upon the I.A CRL. RP.NO. 2299 OF 2008 4 schedule property. I.A.No. 2395/2008 in O.S. No. 309/2008 on fulfilling the terms and conditions of this award. The parties agree that in fulfilling all terms of this award, the revision petitioners would be entitled to refund of all the security amounts deposited in Court. So also the revision respondent, the plaintiff in OS. No. 309/2008 would be entitled to refund of the Court fee paid in the suit. That the attachment over the immovable properties as IA 2395/2008 shall be raised and order be passed by sub court. The parties shall produce the copy of this settlement before the respective courts and seek for appropriate orders in the matter of final disposal of the cases being criminal proceedings and civil suit. SRI. P. JACOB VARGHESE (SENIOR ADVOCATE ) SRI.C.KHALID (RETD.DISTRICT JUDGE) rkc