The court allowed compounding of the offence under Section 138 of the Negotiable Instruments Act due to a settlement reached between the parties.

ORDER

The petitioner has preferred the above revision challenging the judgment passed by the learned Additional District and Sessions Judge, Dharmapuri, in Crl.A.No.02 of 2022, dated 16.02.2024, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentencing him to undergo 10 months SI and to pay compensation of Rs.21,00,000/- (id) to undergo further 1 month SI.

2. Pending revision, the parties were referred to Mediation. The learned counsel on either side submitted that a Settlement Agreement was entered into between the parties before the Mediation Centre, by which the respondent agreed to receive a total sum of Rs.14,00,000/- in full and final settlement of all his claims from the petitioner. The petitioner has so far paid a sum of Rs.9,80,000/-, which is admitted by the learned counsel for the respondent. The petitioner has deposited a sum of Rs.4,20,000/- to the credit of Crl.A.No.2 of 2022. The respondent is permitted to withdraw the same. The parties have also filed a Joint Compromise Memo, duly signed by the learned counsel appearing on either side, which shall form part and parcel of this order.

3. In view of the Joint Compromise Memo and considering the nature of the offence, this Court permits the parties to compound the offence. Accordingly, the judgment of conviction passed by the learned Additional District and Sessions Judge, Dharmapuri, in Crl.A.No.02 of 2022, dated 16.02.2024, confirming the judgment of conviction and sentence dated 28.12.2021 passed by the learned Judicial Magistrate, Fast Track Court (ML), Dharmapuri, in C.C.No.46 of 2018, is hereby set aside.

4. 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.