Compounding of offences under the Negotiable Instruments Act is permissible at any stage of proceedings to serve justice.

O R D E R

Heard Mr.M.Jothi Basu, learned Counsel for the Revision Petitioner and Mr.M.Thirunavukkarasu, learned Counsel for the Respondent and also this Court has taken the assistance of Mr.A.S.Abul Kalam Azad, learned Government Advocate.

2.This Criminal Revision Petition has been filed by the Revision Petitioner to set aside the judgment passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in Crl.A.No.157 of 2022, dated 15.10.2024, confirming the conviction and sentence imposed in CC.No.280 of 2021, dated 15.10.2022 on the file of the Fast Track Judicial Magistrate Court, Srivilliputtur, Virudhunagar District.

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 in CC.No.280 of 2021, vide judgment dated 15.10.2022, on the file of the Fast Track Judicial Magistrate Court, Srivilliputtur, Virudhunagar District, to undergo two years simple imprisonment for the offence alleged under Section 138 of Negotiable Instrument Act and to pay a sum of Rs. 3,90,000/- as compensation to the Respondent, in default of payment, he has to undergo a further period of three months simple imprisonment. Aggrieved by the order of the Trial Court, the Petitioner had filed a Criminal Appeal in Crl.A.No.157 of 2022 before the learned Principal District and Sessions Judge, Srivilliputtur, Virudhunagar District.

b) The learned Principal District and Sessions Judge, Srivilliputtur, Virudhunagar District, confirming the judgment of the trial Court, dated 15.10.2022 in CC.No.280 of 2021, had dismissed the appeal. Aggrieved by the same, the present Criminal Revision Petition has been filed. 4.When the matter was taken up on 22.08.2025, the Co-ordinate Bench of this Court had passed the following order:

“This Court directed the petitioner to settle the amount by drawing demand draft in the name of the respondents and produce the same before this Court. However, the same is not complied.

2.The learned counsel for the petitioner seeks to comply with the order.

3.Time is extended till 09.09.2025.

4. Post on 09.09.2025 for reporting compliance. ”

5.In compliance of the order passed by the Co-ordinate Bench of this Court, dated 22.08.2025 in the present Criminal Revision Case, the parties have entered into a Memorandum of Compromise dated 12.11.2025 through their counsel, which is taken on record and as per the terms of the compromise, the following conditions were laid down between the parties, which are quoted as under:-

“6. It is submitted that the cheque amount is Rs.3,90,000/-. The Petitioner has already deposited the amount a sum of Rs.1,56,000/- before the Trial Court. The Respondent/Complainant also withdraw the said amount from the Trial Court. The remaining amount is Rs.2,34,000/-. Due to change of circumstances, the Petitioner is like to settle the remaining amount, without admitting the allegations stated by the Respondent. The Petitioner has taken 'DD' to a value of Rs.2,34,000/- in the name of Respondent. The DD number is 672809 drawn in Indian Bank Sirkali Branch dated 31.10.2025.

It is therefore prayed that this Hon'ble Court may be pleased to record the Compromise which has been reached between the Petitioner/Accused and Respondent/Complainant and set aside the conviction and sentence imposed by the Courts below and allow the Criminal Revision Petition and thus render justice.”

6.The learned counsel for the Revision Petitioner submits that in compliance of the order dated 22.08.2025 passed by the Co-ordinate Bench of this Cou