Madras High CourtCRL RC/43/2023allowed

C.A.Rajendran v. D.Palani

2025-06-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.A.Rajendran .....

Petitioner Vs D.Palani .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 397 & 401 of the Code of Criminal Procedure, to call for the records and set aside the Judgment in Crl.A.No.371 of 2018 dated 20.12.2019 passed by the VII Additional Sessions Judge at Chennai and confirming the judgment made in C.C.No.1342 of 2015 dated 24.05.2018 passed by Metropolitan Magistrate FTC-II, Egmore, Allikulam, Chennai and set the petitioner at liberty.

For Petitioner : Mr.S.Parthasarathy For Respondent : Mr.S.Sairaman

O R D E R

This Criminal Revision Case has been filed challenging the Judgment dated 20.12.2019 passed in Crl.A.No.371 of 2018 by the VII Additional Sessions Judge, Chennai and confirming the judgment dated 24.05.2018 passed in C.C.No.1342 of 2015 by the Metropolitan

Magistrate FTC-II, Egmore, Allikulam, Chennai for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The learned counsel appearing for the petitioner would submit that pending revision, the petitioner and the respondent have amicably settled the issues and the petitioner had settled the entire cheque amount to the respondent.

3. The learned counsel for the respondent also concedes with the submission made by the learned counsel for the petitioner and the respondent has no objection to set aside the conviction against the petitioner herein, since the respondent had received the entire cheque amount.

4. In view of the above submissions made by the learned counsel appearing on either side, this Court is inclined to set aside the order of conviction and sentence imposed on the petitioner in C.C.No.1342 of 2015 dated 24.05.2018, on the file of the Metropolitan Magistrate, FTC-II, Egmore, Allikulam, Chennai as well as the Judgment dated 20.12.2019 passed in Crl.A.No.371 of 2018 on the file of the VII

Additional Sessions Judge, Chennai. Accordingly, the conviction and sentence are hereby set aside.

5. In the result, this Criminal Revision Case stands allowed. 18.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The VII Additional Sessions Judge, Chennai.

2. The Metropolitan Magistrate FTC-II, Egmore, Allikulam, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 18.06.2025