ORDER :

SHAMIM AHMED, J.

Heard Mr. M. Baskaran, learned counsel appearing for the Revision Petitioner and Mr.N.Easwaran, learned counsel appearing for the respondent.

2. The instant Criminal Revision Case has been filed challenging the conviction and sentence passed in C.A.No.764 of 2024, dated 29.01.2026 by the learned XX Addl. Sessions Judge, City Civil Court, Chennai, confirming the conviction and sentence made in STC.No.1918 of 2021, dated 12.09.2024 passed by the Metropolitan Magistrate, FTC-2, Egmore at Allikulam, Chennai-3.

3. The learned trial Judge has convicted the Revision Petitioner/accused under section 138 of Negotiable Instruments Act and sentenced her to undergo SI for a period of six months and also directed her to pay the cheque amount of Rs.3,40,000/- as compensation to the complainant, in default, to undergo simple imprisonment for 2 months. The conviction and sentence imposed by the trial court was also confirmed by the First Appellate Court.

4. The facts leading to filing of this Criminal Revision Case is as follows;

(i) The revision petitioner, in order to discharge her enforceable debt, issued a cheque bearing No.936064, dated 05.03.2021 in favour of the respondent/defacto complainant. When the cheque was presented for encashment, the same was returned with an endorsement ‘Funds Insufficient’. Immediately, the respondent issued legal notice dated 22.03.2021 to the petitioner demanding the cheque amount, but the same was returned as ‘unclaimed’. Since the petitioner neither returned the amount, nor gave any reply, the respondent filed a complaint for the offence of section 138 of the Negotiable Instruments Act in STC.No.1918 of 2021 before the Metropolitan Magistrate, Fast Track Court-2, Egmore at Allikulam.

5. After recording the sworn statement of the respondent and after being satisfied that prima facie case has been made out to proceed further against the Revision Petitioner for the offence under section 138 of NI Act, the trial Court has issued summon to the Revision Petitioner. On the appearance of the Revision Petitioner, copies have been furnished and the substance of allegation has been put to her. The Revision Petitioner has denied the allegation and has claimed to be tried.

6. After considering the arguments, the learned trial court has found the Revision Petitioner guilty of the offence under section 138 of the Negotiable Instruments Act and the Revision Petitioner has been convicted and sentenced to undergo SI for a period of six months and also directed her to pay the cheque amount of Rs.3,40,000/- as compensation to the complainant, in default, to undergo simple imprisonment for 2 months The conviction and sentence imposed by the trial court was also confirmed by the First Appellate Court.

7. Aggrieved by the judgment, the Revision Petitioner has preferred the appeal in C.A.No.764 of 2024 before the II Addl. Sessions Judge, City Civil Court, Chennai, and the first appellate court dismissed the appeal vide judgment and order dated 29.01.2027 by confirming the judgment of conviction and sentence imposed by the trial court in STC.No.1918/2021 and it directed to secure the Revision Petitioner to undergo the sentence and to pay the compensation amount.

8. Challenging the conviction and sentence passed by the both courts below, the Revision Petitioner has preferred the present Criminal Revision Case before this Court.

9. During the pendency of the present Criminal Revision, the parties have entered into a Joint Compromise, dated 09.07.2026 which is taken on record and the same is extracted hereunder:

‘JOINT COMPROMISE AFFIDAVIT FILED BY THE PETITIONER & RESPONDENT

We(1) Mrs. Kanagalakshmi, D/o.Shockalingam and C/o.Rajkumar, running the firm Shree Physiocare residing at Plot No.40-C.N.T.Patel Road, Sakthi Nagar, Nerkundram, Chennai 600 107 and (2) S.V.K. Kasturi Rangiah, S/o.S.V.Krishnan No.15, Narayaniamman Kovil Street, Nerkundram, Chennai 600 107, do hereby solemnly affirm and sincerely state as follows:

2.