Madras High Court

V.Sivakumar vs Saravanan on 5 June, 2025

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                                Crl.R.C.No.382 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 05.06.2025

                                                             CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                Crl.R.C.No.382 of 2023

                V.Sivakumar                                                        .....   Petitioner

                                                                Vs

                Saravanan                                                          .....   Respondent


                PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of
                Cr.P.C, to set aside the confirming of conviction order passed by the learned II
                Additional District and Sessions Judge, Tiruvallur at Poonamallee in Criminal
                Appeal No.173/2018 dated 21.12.2022.


                                   For Petitioner       :     Mr.A.P.Kannan
                                   For Respondent        :    Mr.A.Thirumaran

                                                          ORDER

This Criminal Revision has been filed as against the judgment

passed in Crl.A.No.173 of 2018 dated 21.12.2022 by the II Additional District

and Sessions Judge, TIruvallur at Poonamallee, thereby confirming the

conviction and sentence imposed by the trial Court / Judicial Magistrate, Fast

Track Court, (Magistrate Level), Ambattur, in S.T.C No.81 of 2016, for the

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offence punishable under Section 138 of Negotiable Instruments Act.

2. While pending this revision, the matter has been settled between

the parties by paying the entire cheque amount.

3. The learned counsel for the respondent would submit that today

he received a demand draft for the cheque amount and he has no objection to set

aside the conviction and sentence imposed on the petitioner by the trial Court.

4. In view of the aforesaid submission made by the learned counsel

for the respondent, the judgment passed in Crl.A No.173 of 2018 dated

21.12.2025 by the learned II Additional District and Sessions Judge, Tiruvallur

at Poonamallee, thereby confirming the conviction and sentence imposed by the

trial Court / Judicial Magistrate, Fast Track Court, (Magistrate Level),

Ambattur, in S.T.C No.81 of 2016, for the offence punishable under Section

138 of Negotiable Instruments Act, is hereby set aside.

5. At the time of suspending the sentence by the appellate Court,

the petitioner had deposited Rs.93,000/- to the credit of S.T.C No.81 of 2016 on

the file of the learned Judicial Magistrate, Fast Track Court, (Magistrate Level),

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Ambattur. Hence, the petitioner is permitted to withdraw the said amount by

filing an appropriate application before the trial Court. It is made clear that the

trial Court shall permit the petitioner to withdraw the amount without ordering

notice to the respondent.

6. Accordingly, the Criminal Revision Case stands allowed.




                                                                                            05.06.2025

                Index            : Yes/No
                Neutral citation : Yes/No
                Speaking/non-speaking order
                uma


                To

1.The II Additional District and Sessions Judge, Tiruvallur at Poonamallee

2. The Judicial Magistrate, Fast Track Court, (Magistrate Level), Ambattur.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

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uma

05.06.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:09 pm )