Offence under Section 138 NI Act compoundable post-conviction upon amicable settlement between parties.

ORDER

The concurrent verdicts of Judicial First Class Magistrate Court, Kodungallur, and the Additional Sessions Court-I, Thrissur, in CC No.910/2001 and Crl.Appeal No.628/2003 respectively, convicting and sentencing the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act, are under challenge in this revision petition.

2. Since the complainant passed away, the additional respondents 3 to 5 were impleaded as his legal representatives.

3. Now that it has been submitted by the counsel representing the revision petitioner as well as the counsel representing additional respondents 3 to 5 that the matter has been amicably settled between the parties, and hence the conviction and sentence awarded by the courts below are to be set aside.

4. Heard the learned counsel for the petitioner, the learned counsel for the additional respondents 3 to 5 and the learned Public Prosecutor representing the State of Kerala.

5. The revision petitioner and the additional respondents 3 to 5 have jointly filed Crl.M.A No.3 of 2026 with a prayer to compound the offence, since the issue has been amicably settled between them. It is clear from the facts and circumstances of the case that the issue involved is purely private in nature. It appears that the amount which stood due to the deceased complainant has been settled by the revision petitioner with the legal representatives of the complainant. In the above circumstances, the request of the parties to compound the offence, deserves to be allowed.

In the result, the revision petition stands disposed of as follows:

i) The offence involved in this case is declared to have been lawfully compounded by the parties.

ii) The concurrent verdicts of the courts below, convicting and sentencing the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act, are hereby set aside.

iii) The petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act found against him by the courts below.