SREELAL Vs. MURALI MENON

JUDGEMENT

(1.) This is an application filed by the petitioner, who is the complainant in CC.No.4202 of 2009 on the file of Judicial First Class Magistrate Court-II, Kollam to issue direction to the concerned Magistrate in respect of the above matter under section 482 of Code of Criminal Procedure (herein after called the CODE).

(2.) It is alleged in the petition, that the petitioner is the complainant in CC.4202/2009 on the file of Judicial First Class Magistrate Court-II, Kollam, filed against the first respondent alleging offences under section 138 of the Negotiable Instruments Act. The respondent is the accused therein. It was posted for evidence on 16.01.2014. On that day, the counsel for the accused requested the court for referring the matter for mediation and accordingly, the matter was referred for mediation. In the mediation, the matter was settled for an amount of Rs. .4,50,000/- and six months' time was granted for payment of the amount to the accused and in default, complainant was allowed to proceed with the case and if amount was paid, then complainant has to withdraw the case. The mediation agreement was signed by the parties on 17.02.2014, but now the learned Magistrate is insisting the petitioner who is the complainant to adduce evidence before expiry of the period mentioned in the agreement. So the petitioner has no other remedy except to approach this court seeking the following relief:-

(3.) Heard the counsel for the petitioner, counsel for the first respondent and also the learned Public Prosecutor.