The court emphasized the principle that compromise between parties can nullify prior convictions under Section 138 of the Negotiable Instruments Act, thereby allowing for acquittal through compounding of offenses.

O R D E R

Heard Mr.B.Jeyakumar, learned counsel appearing for the Petitioner and Ms.Mahalakshmi, learned counsel for Mr.V.Kishore Kumar, learned counsel for the Respondent and also this Court has taken the assistance of Mr.M.Karunanithi, learned Government Advocate (Criminal Side).

2. This Criminal Revision Petition has been filed by the petitioner to set aside the order of conviction and sentence imposed on the Petitioner by the learned Judicial Magistrate, Uthamapalayam, (FTC), Theni District made in C.C.No.79 of 2020 dated 08.12.2021 as confirmed subsequently by the learned Principal District and Session Judge, Theni made in C.A.No.09 of 2022 dated 03.06.2025.

3. The facts of the case in a nutshell, led to filing of this Criminal Revision Petition and necessary for disposal of the same, are as follows:-

a) The Petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate, Uthamapalayam, (FTC), Theni District made in C.C.No.79 of 2020 by the judgment dated 08.12.2021, to undergo simple imprisonment for one year and to pay Rs.4,90,000/-, as compensation towards the cheque amount to the Respondent in default of payment of the said compensation amount, to undergo further period of simple imprisonment for three months. Aggrieved by the order of the Trial Court, the Petitioner filed a Criminal Appeal in C.A.No.9 of 2022 before the learned Principal District and Session Judge, Theni.

b) The learned Principal District and Session Judge, Theni confirming the judgment passed by the learned Judicial Magistrate, Uthamapalayam, (FTC), Theni District in C.C.No.79 of 2020 dated 08.12.2021, dismissed the said Appeal vide order dated 03.06.2025. Aggrieved by the same, the present Criminal Revision Petition has been filed.

4. When the matter was taken up on 04.09.2025, this Court passed the following order:

“The present Criminal Revision Petition has been filed to set aside the order of conviction and sentence imposed on the petitioner by the learned Judicial Magistrate, Uthamapalayam (FTC), Theni District, made in C.C.No.79 of 2020, dated 08.12.2021.

2.Heard Mr.B.Jeyakumar, learned Counsel for the petitioner and Ms.Mahalakshmi, learned Counsel for Mr.V.Kishore Kumar, learned Counsel, accepts notice on behalf of the respondent.

3.Today, when the matter is being taken up, Mr.B.Jeyakumar, learned Counsel for the petitioner submits that the petitioner has already deposited 20% of the cheque amount and is ready to deposit the balance amount within a period of ten days from today in compliance of the judgment and order in C.C.No.79 of 2020, dated 08.12.2021, passed by the learned Judicial Magistrate, Uthamapalayam (FTC), Theni District, and he will produce the deposit receipt before this Court on the next date fixed. He further submits that the petitioner has neither been arrested nor surrendered.

4.Ms.Mahalakshmi, learned Counsel, who accepted notice on behalf of the respondent, submits that she has no objection to the prayer made by the learned Counsel for the petitioner.

5.Accordingly, after considering the request made by the learned Counsel for the petitioner, this Court grants ten days and no more further time to the petitioner to deposit the balance cheque amount into the bank account of the respondent in compliance of the judgment and order in C.C.No.79 of 2020, dated 08.12.2021, passed by the learned Judicial Magistrate, Uthamapalayam (FTC), Theni District. In this regard, he is directed to file an affidavit annexing the details of such payment along with the copy of the deposit receipt on the next date fixed.

6.Put up this case “for orders” on 22.09.2025 before the appro