Ktt Traders v. M/S.Ceat Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.M/s.KTT Traders Proprietor of Narasimha Rao, No.1/109, Poonamalle High Road, Nerkundram, Opp. Onion Mandy, Chennai 600 107.

2.A.Narasimha Rao Proprietor of M/s. KTT Traders, No.1/109, Poonamalle High Road, Nerkundram, Opp. Onion Mandy, Chennai 600 107.

....

Petitioners

Versus

M/S.Ceat Limited Power of Attorney T.R.Kamalakannan, No. 5, Dr.Abdul Kalam Cross Street, Nagalkeni, Chrompet, Chennai 600 044.

....

Respondent PRAYER: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure to call for the records pertaining to the judgement dated 14.10.2022 in Crl.A.No.183/2021 on the file of the XXIII Additional Sessions Judge, City Civil Court, Chennai and judgement dated 22.10.2021 in CC.No.1115/2016 on the file of the Metropolitan Magistrate /FTC -1, Court at Allikulam complex, Chennai and set aside the same.

For Petitioners : Mr.S.R.Hari For Respondent : Mr.A.Thirumaran

O R D E R

This Criminal Revision Case has been filed as against the Judgment dated 14.10.2022 in Crl.A.No.183 of 2021 passed by the XXIII Additional Sessions Judge, City Civil Court, Chennai, thereby confirming the conviction and sentence imposed by the trial Court in C.C.No.1115 of 2016 on the file of the Metropolitan Magistrate /FTC -1, Court at Allikulam complex, Chennai, for the offences punishable under Section 138 of Negotiable Instruments Act.

2. During pendency of this revision, the matter has been amicably settled between the parties. The respondent filed a memo before this Court stating as follows:- "1.That during the pendency of the present revision case, the petitioners herein came forward voluntarily to compound the offence under Section 138 of N.I.Act, by making a payment of Rs.15,00,000/- [Rupees Fifteen Lakhs only] in respect of the case in C.C.No.1115/2016 and covered by this revision and the respondent/complainant had accepted the same without prejudice to their rights to recover the balance in a manner known to law.

2.That thereafter, the petitioner/accused has paid the said sum of Rs.15,00,000/- [Rupees Fifteen Lakhs only] which amount has been received by the respondent herein which is inclusive of the precondition amount deposited by the petitioner before the Appellate Court. The respondent has no objection in revision be allowed."

3.

Accordingly, the respondent has received the amount and has no objection to setting aside the conviction and sentence imposed by the trial Court and confirmed by the appellate Court.

4.

In view of the above, the conviction and sentence imposed by the Trial Court and confirmed by the Appellate Court are hereby set aside. Accordingly, this Criminal Revision Case is allowed. 10.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rpl G.K.ILANTHIRAIYAN, J.

rpl To

1. The XXIII Additional Sessions Judge, City Civil Court, Chennai

2. The Metropolitan Magistrate /FTC -1, Court, Allikulam complex, Chennai 10.06.2025