V.R.P.Manohar v. M/S. Kumutham Publications Pvt.Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.Nos.12005, 12009, 12032 & 12035 of 2025 V.R.P.Manohar, Proprietor, M/s.Bharani, No.1503, Gnanagiri Road, Kamarajapuram Colony, Sivakasi - 626 189.

... Petitioner in all Crl.R.Cs.

Vs.

M/s.Kumutham Publications Pvt. Ltd., Senior Officer S.Mayilai Antony, Rep. by its Executive Assistant R.Babu, New No.306, Old No.151, Purasawalkam High Road, Chennai - 600 010.

... Respondent in all Crl.R.Cs.

COMMON PRAYER: Criminal Revision Cases have been filed under Sections 438 r/w. 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records in Crl.A.Nos.262, 263, 260 & 261 of 2024 respectively, and to set aside the orders dated 09.04.2025 on the file of the I Additional Sessions Judge, City Civil Court, Chennai, confirming the orders passed by the XXVI Metropolitan Magistrate at Egmore, Chennnai in C.C.Nos.821, 822, 819 & 820 of 2018 respectively, vide dated 21.02.2024.

In all Crl.R.Cs For Petitioner :

Ms.Auxilia Peter For Respondent :

Mr.R.Amizhdhu COMMON ORDER These Criminal Revision Cases have been preferred against the judgments dated 09.04.2025, passed by the learned I Additional Sessions Judge, City Civil Court, Chennai, in Crl.A.Nos.262, 263, 260 & 261 of 2024 respectively, confirming the conviction and sentence imposed on the petitioner dated 21.02.2024, passed by the learned XXVI Metropolitan Magistrate, Egmore, Chennnai, in C.C.Nos.821, 822, 819 & 820 of 2018 respectively, thereby convicting the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the NI Act"). 2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to settle the entire cheque amount. She further submitted that already the petitioner had deposited 20% of the cheque amount to the credit of the trial Court and it is lying with the credit of

C.C.Nos.821, 822, 819 & 820 of 2018 respectively, on the file of the learned XXVI Metropolitan Magistrate, Egmore, Chennnai. She also produced demand drafts for the remaining 80% of the cheque amount before this Court. She further submitted that in pursuant to the confirmation of the conviction and sentence imposed by the trial Court and the appellate Court, the trial Court issued non-bailable warrant and the same was also executed by arresting the petitioner on 06.06.2025. Subsequently, he was remanded to judicial custody and now the petitioner confined at Central Prison, Puzhal, Chennai. Hence, she prayed to allow these revision cases.

4.

The learned counsel appearing for the respondent also received the Demand Drafts and he has no objection to set aside the conviction and sentence imposed by the trial Court and the appellate Court. 5.

Considering the above submissions, the conviction and sentence imposed on the petitioner cannot be sustained and liable to be dismissed. Accordingly, judgments dated 09.04.2025, passed by the learned I Additional Sessions Judge, City Civil Court, Chennai, in Crl.A.Nos.262, 263, 260 & 261 of 2024 respectively, and the judgments dated 21.02.2024, passed by the learned XXVI Metropolitan Magistrate, Egmore, Chennnai, in C.C.Nos.821,

822, 819 & 820 of 2018 respectively, are hereby set aside. The petitioner is acquitted from all the charges under Section 138 of the NI Act and set liberty forthwith. The bail bond, if any executed by the petitioner, shall stand cancelled. The respondent is permitted to withdraw the amount which is lying in the credit of the C.C.Nos.821, 822, 819 & 820 of 2018 on the file of the learned XXVI Metropolitan Magistrate, Egmore, Chennnai, in accordance with law. It is made clear that the trial Court is directed to permit the respondent to withdraw the amount lying in the credit of C.C.Nos.821, 822, 819 & 820 of 2018 without issuance of notice to the petitioner. 6.

In the result, all the Criminal Revision Cases stand allowed. Consequently, connected miscellaneous petitions are closed. 24.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Note :- Issue order copy today ie., on 24.06.2025 rts

To 1.The I Additional Sessions Judge, City Civil Court, Chennai.

2.The XXVI Metropolitan Magistrate, Egmore, Chennnai 3.The Superintendent, Central Prison, Puzhal, Chennai.

G.K.ILANTHIRAIYAN. J, rts Crl.M.P.Nos.12005, 12009, 12032 & 12035 of 2025 24.06.2025