Conviction under Section 138 NI Act set aside on full settlement with legal heirs post-complainant death.

ORDER

This Criminal Revision Case has been filed as against the Judgment dated 01.10.2012 made in C.A.No.116 of 2011 on the file of the III Additional District and Sessions Judge, Dharapuram, thereby confirming the order of conviction and sentence imposed in C.C.No.34 of 2010, dated 21.09.2011 on the file of the Judicial Magistrate, Kangayam, for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. Pursuant to the order dated 26.03.2026 passed by this Court, the learned counsel appearing for the petitioner submits that the respondent/complainant died and in order to to implead the legal representatives of the deceased respondent, a petition in Crl.M.P.NO.6248 of 2026 was filed and the same was allowed. He further submits that as directed by this Court, the petitioner has agreed to pay a sum of Rs.8,00,000/- towards full and final settlement of the cheque amount. Accordingly, the petitioner has drawn a Demand Draft for a sum of Rs.5,50,000/- in favour of the Judicial Magistrate, Kangayam, Tiruppur District, and the remaining amount of Rs.2,50,000/- has already been deposited to the credit of Trial Court in C.C.No.34 of 2010. The petitioner has no objection to withdraw the amount which was already deposited to the credit of the Trial Court in C.C.No.34 of 2010.

3. In view of the above, the Judgment dated 01.10.2012 made in C.A.No.116 of 2011 on the file of the III Additional District and Sessions Judge, Dharapuram, confirming the order of conviction and sentence imposed in C.C.No.34 of 2010, dated 21.09.2011, on the file of the Judicial Magistrate, Kangayam, is hereby set aside. Accordingly, this Criminal Revision Case is allowed, on condition that the petitioner shall deposit the Demand Draft for a sum of Rs.5,50,000/- dated 04.04.2026, bearing No.008735, through his counsel, before the Judicial Magistrate, Kangayam in C.C.No.34 of 2010 on or before 10.04.2026.

4. On such deposit, the legal heirs of the deceased respondent are permitted to withdraw the Demand Draft amount, as well as the amount which was already deposited by the petitioner, along with accrued interest, if any, by filing an appropriate application. It is made clear that the Trial Court is directed to permit the legal heirs of the deceased respondent to withdraw the entire amount, without ordering notice to the petitioner herein.