Offences under Section 138 of the NI Act can be compounded upon amicable settlement between parties, leading to acquittal.

O R D E R

This revision petition is filed challenging judgments respectively of Judicial First Class Magistrate Court-VIII, Kozhikode in C.C.No.23 of 2016 and Additional Court of Sessions-V, Kozhikode in Crl. Appeal No.73 of 2018. By virtue of the judgments, the revision petitioner was found guilty for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") and was sentenced to pay fine of Rs.3,00,000/- within one month and to undergo simple imprisonment for two months.

2. It was submitted by the learned counsel for the revision petitioner that following the death of the 2nd respondent, the issues involved in C.C.No.23 of 2016 have been amicably settled among the revision petitioner and the legal heirs of deceased 2nd respondent. Accordingly, the legal heirs of the 2nd respondent were impleaded in the revision petition by order passed in Crl.M.A. No.1 of 2022 as additional respondents 3 to 5. Notice was served on them through special messenger and they entered appearance through Adv. P.K. Sajeev.

3. Crl.M.A.No.3 of 2022 is also filed jointly by the revision petitioner and the additional respondents under Section 147 NI Act. In the application, it is stated by the additional respondents that the issues have been amicably resolved by receiving the amount due under the cheque. Pursuant to the settlement, they have also received the agreed amount as compensation from the revision petitioner. It is stated in the joint application that the additional respondents do not intend to proceed against the revision petitioner in the prosecution on hand.

4. In the above circumstances, Crl.M.A. No.3 of

2022 is allowed. The offences stands proved under Section 138 of the NI Act is permitted to be compounded. In view of the compounding, the revision petitioner is acquitted.

Crl.R.P. is allowed.