Narayanan Kutty v. Annie Thomas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Narayanan Kutty .....

Petitioner Vs Annie Thomas .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure to allow the Criminal Revision Petition and set aside the Judgment dated 01.12.2022 passed by the Honble VII Additional District and Sessions Judge in Criminal Appeal No.23 of 2022 on the file of the VII Additional Sessions Judge at Chennai by confirming the conviction and sentence passed by the Learned Metropolitan Magistrate (Fast Track Court III), Saidapet, Chennai on 22.01.2022 in C.C.No.4738 of 2016 and acquit the Petitioner/Appellant.

For Petitioner : Mr.M.Ajay Kumar For Respondent : Mr.S.Yuvaraj for Mr.N.Dorai Kannan

O R D E R

This Criminal Revision Case has been filed challenging the Judgment dated 01.12.2022 passed in Criminal Appeal No.23 of 2022 by the VII Additional District and Sessions Judge, Chennai, thereby confirming the conviction and sentence imposed by the Metropolitan Magistrate (Fast Track

Court III), Saidapet, Chennai on 22.01.2022 in C.C.No.4738 of 2016 for the offence punishable under Section 138 of Negotiable Instruments Act.

2. The learned counsel appearing for the petitioner submitted that the entire amount has been duly paid to the respondent and that the matter has been fully settled between the parties.

3. The learned counsel appearing for the respondent submitted that he has no objection to setting aside the conviction and sentence imposed on the petitioner by the Trial Court and confirmed by the Appellate Court.

4. In view of the submissions made by the learned counsel on either side, this Court is inclined to set aside the Judgment dated 01.12.2022 passed in Criminal Appeal No.23 of 2022 by the VII Additional District and Sessions Judge, Chennai and the conviction and sentence passed by the Metropolitan Magistrate (Fast Track Court III), Saidapet, Chennai on 22.01.2022 in C.C.No.4738 of 2016 and accordingly, the same are set aside.

5. In the result, this Criminal Revision Case stands allowed.

03.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The VII Additional District and Sessions Judge, Chennai

2. The Metropolitan Magistrate (Fast Track Court III), Saidapet, Chennai G.K.ILANTHIRAIYAN, J.

Lpp

03.06.2025