Under Section 147 of the Negotiable Instruments Act, offences under Section 138 are compoundable at any stage, including post-conviction, emphasizing the compensatory nature of the law.

ORDER

Heard Mr.S. Santhosh Kumar, learned counsel appearing for the Revision Petitioner and Mr.K.S.Elangovan, learned counsel appearing for the respondent and also this Court has taken the assistance of Mr.A.Gopinath, learned Govt. Advocate (crl.side).

2. The instant Criminal Revision Case has been filed challenging the conviction and sentence passed in C.A.No.421 of 2019, dated 18.03.2022 by the learned XXI Additional Sessions Judge at Chennai, confirming the conviction and sentence made in C.C.No.6549 of 2017, dated 08.11.2019 passed by the learned Metropolitan Magistrate, Fast Track No.I, Allikulam, Chennai.

3. The learned trial Judge has convicted the Revision Petitioner/accused under section 138 of Negotiable Instruments Act and sentenced him to undergo SI for a period of six months and also directed him to pay a compensation of Rs.53,73,398/- (including the cheque amount of Rs.43,73,398/- along with Rs.10,00,000/-), within a period of 60 days, failing which, to undergo SI for 60 days. The conviction and sentence imposed by the trial court was also confirmed by the First Appellate Court.

4. The facts leading to filing of this Criminal Revision Case is as follows;

(i) The revision petitioner, is an exporter of fruits and vegetables and he transported materials through the complainant company who is doing the business of logistics. During the course of his business with the respondent in September 2015, the revision petitioner, in order to settle the arrears of the pending bill amount, issued a cheque bearing No.000038, drawn on HDFC Bank, Karaikal Branch, on 22.02.2016 for a sum of Rs.43,73,398/- in favour of the respondent.

(ii) When the said cheque issued by the Revision Petitioner was presented for encashment, the same was returned with an endorsement 'Account Closed' .

(iv) Hence the respondent issued a legal notice dated 11.03.2016 calling upon the revision petitioner to pay the dishonoured cheque amount in time.

(v) On receipt of notice, since the respondent neither sent a reply, nor paid the cheque amount, a complaint for the offence of section 138 of the Negotiable Instruments Act has been filed by the respondent against the revision petitioner in C.C.No.6549 of 2017 before the learned Metropolitan Magistrate, Fast Track No.I, Allikulam, Chennai,

5. After recording the sworn statement of the respondent and after being satisfied that prima facie case has been made out to proceed further against the Revision Petitioner for the offence under section 138 of NI Act, the trial Court has issued summon to the Revision Petitioner. On the appearance of the Revision Petitioner, copies have been furnished and the substance of allegation has been put to him. The Revision Petitioner has denied the allegation and has claimed to be tried.

6. After considering the arguments, the learned trial court has found the Revision Petitioner guilty of the offence under section 138 of the Negotiable Instruments Act and the Revision Petitioner has been convicted and sentenced to undergo six months Simple Imprisonment and to pay a compensation of Rs.43,73,398/- along with Rs.10,00,000/- and in default of payment of the compensation, to undergo a further period of 60 days Simple Imprisonment The conviction and sentence imposed by the trial court was also confirmed by the First Appellate Court.

7. Aggrieved by the judgment, the Revision Petitioner has preferred the appeal in C.A.No.421 of 2019 before the XXI Additional Sessions Judge at Chennai and the first