The court affirms that an offence under Section 138 of the NI Act can be compounded by mutual agreement between the parties, leading to acquittal.

O R D E R

This revision petition has been filed challenging the conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’).

2. The petitioner was convicted and sentenced by the Judicial First Class Magistrate Court, Thiruvalla (for short ‘the trial court’) in S.T. No.751/2007 for the offence punishable under Section 138 of the NI Act. The appeal preferred by the petitioner before the Additional Sessions Court-III, Pathanamthitta as Crl.A. No.59/2011 was allowed in part, modifying the sentence and confirming the conviction.

3. I have heard Sri.Madhusudanan P.R., the learned counsel for the petitioner, Sri.E.C. Bineesh, the learned Senior Public Prosecutor and Sri.E.D. George, the learned counsel for the third respondent.

4. The complainant before the trial court, who is the first respondent herein, is no more. His legal heir has been impleaded as the third respondent. Now, the matter has been settled between the petitioner and the third respondent and Crl.M.A No.6/2025 has been been filed to compound the offence under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ). It is submitted that the entire matter has been settled between the parties amicably. I am satisfied that the composition is voluntary. Hence, Crl.M.A. No.6/2025 stands allowed and the offence stands compounded. The composition shall have the effect of acquittal of the petitioner/accused under (8) of . In view of the composition, the impugned conviction and sentence are set aside.

The revision petition is disposed of as above.