The court emphasized the significance of amicable settlements in criminal proceedings, demonstrating its role in determining the outcome of a case involving negotiable instruments.

ORDER

The petitioner has preferred the above revision challenging the judgment passed by the learned III Additional District and Sessions Judge, Poonamallee, in Crl.A.No.93 of 2022 dated 27.07.2023, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced her to undergo 11 months SI and to pay compensation of Rs.14,00,000/-, (id) to undergo 3 months SI.

2. During the pendency of the revision, the parties have arrived at an amicable settlement, wherein the respondent has agreed to receive a sum of Rs.11,60,000/- (Rupees Eleven Lakh Sixty Thousand Only) in full and final settlement of all his claims against the petitioner.

3. The respondent, who is identified by his counsel, is present in person and confirms the compromise, stating that he has no further claim against the petitioner. The petitioner has so far paid a sum of Rs.10,50,000/-, and has agreed to pay the balance sum of Rs.1,10,000/- on or before 11.03.2026. The parties have filed Memo of Compromise to that effect, which is taken on record. The said Memo of Compromise, duly signed by the learned counsel appearing on either side, shall form part and parcel of this order.

4. In view of the Memo of Compromise and considering the nature of the offence, this Court is inclined to allow the revision.

(i) The petitioner shall pay the balance sum of Rs.1,10,000/-

(Rupees One Lakh Ten Thousand only) on or before 11.03.2026, failing which the respondent is at liberty to mention the matter before this Court.

(ii) It is also agreed between the parties that the documents executed by the petitioner, namely, the mortgage deed and two promissory notes, shall be handed over to the petitioner. The petitioner is at liberty to seek return of those documents marked as Exs.P1, P3 and P4.

(iii) The learned Magistrate may replace the original documents with copies for the purpose of the record. The Registry shall forthwith transmit the records to the Trial Court.

5. Accordingly, the judgment of conviction passed by the learned III Additional District and Sessions Judge, Poonamallee, in Crl.A.No.93 of 2022 dated 27.07.2023, confirming the judgment of conviction and sentence dated 24.03.2022 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur, in S.T.C.No.266 of 2019, is hereby set aside. The Criminal Revision Case is allowed in terms of the above compromise and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. The fine amount, if any, paid by the petitioner shall be refunded. The bail bond, if any, executed shall stand discharged. Consequently, connected miscellaneous petition is closed.