Gulzar Ahmed vs G.Chandramouli

M. Nirmal Kumar, J

Today, learned counsel for the petitioner submitted that in obedience to the order of this Court dated 12.10.2023, the petitioner had already deposited Rs.5,00,000/- to the credit of C.C.No.274 of 2017 on the file of the Judicial Magistrate, Fast Track Court at Alandur, Chennai. He further submits that the cheque amount is Rs.20,00,000/-. The petitioner is ready to settle the cheque amount. Now he is willing to pay the balance of Rs.15,00,000/- which, he shall pay within a stipulated time. Out of Rs.15,00,000/- the petitioner will pay Rs.10,00,000/- to the credit of C.C.No.274 of 2017 on or before 22.11.2023 and the balance Rs.5,00,000/-to the credit of C.C.No.274 of 2017 on or before 11.12.2023.

2.Today, learned counsel for petitioner produced a memo confirming the payment of Rs.5,00,000/- and the learned counsel for the respondent served with the memo. The respondent's objection is that the petitioner by giving one reason or other delaying the payment of cheque amount to the respondent complainant. The case is of the year 2017. Despite 6 years have passed, petitioner neither field any appeal within the stipulated time nor complied with the conditions of the trial court judgment. The respondent is willing to settle the issue provided the petitioner makes the payment as promised subject to the approval from the respondent. The respondent is permitted to withdraw the deposited amount of Rs.5,00,000/- in C.C.No.274 of 2017 by filing a petition/memo. The petitioner has no objection for the respondent to receive the same, hence, notice to the petitioner is dispensed with. The trial court is directed to hand over Rs.5,00,000/- to the respondent on filing of such petition/memo.

3.In view of the further development, this Court is inclined to stay the order passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur dated 18.07.2022 till the next date of hearing.

4.Post the matter on 23.11.2023.

5.This order passed at 4.10 p.m.

6.Learned counsel for the petitioner now at 6.20 p.m., while raising informs this Court that despite the learned counsel for the respondent/complainant giving an assurance before this Court and also learned Additional Public Prosecutor informing the Inspector of Police, B1 North Police Station, Parrys, Chennai about the subsequent development of payment of Rs.5,00,000/- and also arriving at a settlement to get the issue resolved, it is informed the petitioner/accused is remanded by the learned Judicial Magistrate, Fast Track Court (Magistrate Level), Alandur and sent to Central Prison, Puzhal, Chennai today.

7.In view of the same, stay of the order of learned Judicial Magistrate dated 18.07.2022 passed by this Court today, the remand of the petitioner is suspended and the petitioner is granted bail.

8.The petitioner is directed to execute own bond for a sum of Rs.10,000/- before the Superintendent of Prison, Central Prison, Puzhal, Chennai and the petitioner is directed to be released forthwith.