ORDER

The Criminal Revision Petition challenges the conviction of the petitioners for the offence under Section 138 of Negotiable Instrument Act and sentence imposed on the petitioners to undergo rigorous imprisonment of one year.

2.It is the case of the respondent that the first accused is an Association that issued two cheques one for Rs.12,00,000/- and the other for Rs.3,72,000/-, and totally, a sum of Rs.15,72,000/-, that the cheques when presented for collection was returned for the reason insufficient funds and inspite of statutory notice, association and the persons in charge of the association did not pay the cheque amount and hence, a complaint uner Sction 138 of NI Act was filed.

3.Both the courts below convicted the petitioners and another accused one Ashok Kumar by the impugned judgments. Pending the criminal revision case, the parties have arrived at a compromise by which the association and the persons in charge had agreed to settle the cheque amount of Rs.15,72,000/- and that pursuant to the said agreement, the sum of Rs.2,00,000/- was paid on 23.09.2024 and a sum of Rs.10,57,600/- was paid on 22.10.2024 and that the remaining sum of Rs.3,14,000/- is deposited to the credit of S.T.C.No.05 of 2021, which the respondent's is entitled to withdraw.

4.The parties are present and the defacto complainant confirms that a compromise was arrived between the parties and he had received the amounts as aforesaid and would withdraw the balance sum of Rs.3,14,000/- by filing an application before the trial Court. The parties have filed a Joint Compromise Memo dated 20.12.2024 duly signed by both parties and their respective counsels, which reads as follows:

“JOINT COMPROMISE MEMO

1. The Petitioners humbly state that the petitioner had filed a Criminal Revision petition in Crl.R.C.No. 2361 of 2024 before this Hon'ble court, the respondent/complaint filed 138 Negotiable Instrument Act private complaint against the petitioners before the Learned Judicial Magistrate (Fast track) Kallakurichi in S.T.C.No.05/2021 and S.T.C No. 15 of 2021 the joint trail was conducted by the learned Judicial Magistrate (Fast Track) court, the trail court passed conviction against the petitioners dated 08-12-2022. The petitioners further state that the petitioners had preferred a criminal appeal before the Learned III-Additional District Sessions Judge, Kallakurichi, Villupuram District in Crl.A.No. 16 of 2023 and 17 of 2023 and the same was confirming the Judgement passed in S.T.C No. 05/2021, S.T.C No. 15 of

2021 and dismissed the appeal on 22-08-2023.

2. I state that it is just and necessary in the interest of justice to permit the petitioners and the Respondent/complainant to compound the offences in C.A.No. 16 of 2023, 17 of 2023 on the file of Learned III -Additional District Sessions Judge Kallakurichi, Villupuram District.

3. I state that there was no dispute or wordily altercations had occurred between the petitioners and the had Respondent/Complainant. Hence by allowing this Petition no prejudice would be cause to the Respondent/Complainant. The petitioner further state that with due respect to the compromise arrived between petitioners and the respondent, we are hereby undertake that no prejudice would be caused to us in society by compounding the offences under section 138 of negotiable instruments act 1881 in Crl.A.No. 16 of 2023, 17 of 2023 on the file of Learned III -Additional District Sessions Judge Kallakurichi, Villupuram District. The petitioners state that I have no objection to release the fund deposited amount sum of Rs. 3,14,400/- in S.T.C No. C.C. No.5 of

2017, 15 of 2017 before the learned Judicial Magistrate (Fast track) Kallakurichi, which is in the court treasury.

4. The petitioners further state that apart from the above, the petitioners paying amount through bank account to the Respondent lower court Counsel Mr.Arunachaleswarar sum of Rs.2,00,000/- (Two Lakhs) on 23-09-2024, and Rs.10,57,600/- on 22-10-2024, Total Rs. 12,56,600/-