Acquittal permissible upon settlement prior to appeal under Section 138 of the Negotiable Instruments Act.

O R D E R

The challenge in this Crl. Revision Petition is to the judgment dated 27.06.2019 in S.T. No.347 of 2016 of the Chief Judicial Magistrate Court, Pathanamthitta, which has been confirmed by the Additional District & Sessions Court-III, Pathanamthitta, in the judgment dated

16.10.2023 in Crl.Appeal No.63 of 2019.

2. The revision petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 , and sentenced to undergo simple imprisonment for four months and pay a fine of Rs.7,10,000/-.

3. Respondent No.2/complainant appearing through Advocates Smt. Annie M. Abraham & Sri. K. Suresh Babu submitted that respondent No.2 /complainant has no surviving grievance against the revision petitioner/accused. The learned counsel submitted that the revision petitioner paid the entire amount due to the complainant. The complainant filed an affidavit in support of his contention that the dispute between he and the revision petitioner has been settled.

4. The learned counsel for the revision petitioner prayed for treating the affidavit as a prayer for composition of the offence under Section 147 of the NI Act. The learned counsel for the petitioner submitted that the revision petitioner is undergoing imprisonment in the Central Prison, Thiruvananthapuram.

5. I have gone through the affidavit filed by the complainant. I am convinced that the entire dispute has been settled. I find no reason to refuse the prayer for composition. The composition shall have the effect of acquittal. The right of the complainant to compound the offence unilaterally is in no way controlled by the guidelines in Damodar S. Prabhu v. Sayed Babalal H. , ((2010) 5 SCC 663) [Vide:Soman E v. Faisal K (2024 KHC OnLine 832)].

7. The judgment dated 27.06.2019 in S.T. No.347 of 2016 of the Chief Judicial Magistrate Court, Pathanamthitta, confirmed by the Additional District & Sessions Court-III, Pathanamthitta, in the judgment dated 16.10.2023 in Crl.Appeal No.63 of 2019 stands set aside.

The accused is acquitted of the offence alleged.

8. The Crl.Rev.Petition is disposed of accordingly.

The revision petitioner is confined in the Central Prison, Thiruvananthapuram. The Registry shall forthwith communicate the order to the Superintendent of the Central Prison. If his custody is not required in any other cases, the Superintendent shall release the revision petitioner today itself.

Sd/-