Madras High Court
V.R.P.Manohar vs M/S.Kumutham Publications Pvt. Ltd on 24 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.R.C.Nos.875, 878, 883 & 884 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.Nos.875, 878, 883 & 884 of 2025
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.
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Crl.R.C.Nos.875, 878, 883 & 884 of 2025
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
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Crl.R.C.Nos.875, 878, 883 & 884 of 2025
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,
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Crl.R.C.Nos.875, 878, 883 & 884 of 2025
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
Neutral citation : Yes/No
Speaking/non-speaking order
Note :- Issue order copy today
ie., on 24.06.2025
rts
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Crl.R.C.Nos.875, 878, 883 & 884 of 2025
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.
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Crl.R.C.Nos.875, 878, 883 & 884 of 2025
G.K.ILANTHIRAIYAN. J,
rts
Crl.R.C.Nos.875, 878, 883 & 884 of 2025
Crl.M.P.Nos.12005, 12009, 12032 & 12035 of 2025
24.06.2025
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