ASWATHA M. Vs. CHANDRAKALA

JUDGEMENT

(1.) The petitioner had filed a complaint against the respondent herein for the offence punishable under Sec. 138 of N.I. Act. In the said proceedings, on a joint memo filed by the parties before Lok Adalat concerned, the case was disposed of in view of the settlement arrived between the parties, whereby, the respondent agreed to settle the matter by paying a sum of Rs.15,00,000.00 towards full and final settlement. Since, the respondent did not honour the terms of the settlement, petitioner filed an application to issue fine levy warrant for recovering the amount of Rs.15,00,000.00 which was payable by the respondent in terms of the settlement.

(2.) Learned Magistrate closed the proceedings stating that the petitioner has not clarified that the proceedings in C.C.No.2346/2017 is not for payment on the same subject matter. Hence, this petition.

(3.) Learned counsel for the petitioner submits that the petitioner is not a party to the said proceedings and payment of the amount by the respondent is not the subject matter of the said proceedings. Hence, he submits that though the petitioner had brought to the notice of the learned Magistrate that the matter is entirely different, the learned Magistrate has committed an error in passing the impugned order.