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Judgment
Heard M/s.C.Bharathi, learned Counsel for the Revision Petitioner and M/s.V.Sebastinal Preethi, learned Counsel for the Respondent.
This Criminal Revision Petition has been filed to set aside the judgment dated; 12.03.2020 passed by the Judicial Magistrate Court (FTC) (Magisterial Level), Pattukottai in S.T.C.No.109 of 2019, which was confirmed by the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai in C.A.No.28 of 2020 dated; 22.08.2022.
The Respondent/complainant herein filed a complaint as against petitioner alleging that the petitioner herein committed an offence under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to as “the NI Act”) and the same was taken on file by the Judicial Magistrate Court (FTC) (Magisterial Level), Pattukottai in S.T.C.No.109 of 2019, where the petitioner herein is the sole accused. The Trial Court vide judgment dated 12.03.2020, has held that the petitioner was guilty of offence under Section 138 of NI Act, convicted and sentenced him to undergo a simple imprisonment for one year and directed to pay the cheque amount to the tune of Rs.2,50,000/- as compensation to Respondent/complainant, within a period of one month from the date of receipt of the judgment, in default, to undergo a simple imprisonment for a period of three months.
Aggrieved by the same, the petitioner/accused filed a Criminal Appeal in Crl.A.No.28 of 2020 before the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai. The learned Appellate Court, vide judgment dated; 22.08.2022, dismissed the said appeal, thereby confirming the judgment passed by the Trial Court. Aggrieved by the same, the petitioner has filed the present Criminal Revision Petition.
Today, when this Criminal Revision Case was taken up for hearing, it is informed by both side learned counsel that during pendency of this Criminal Revision case, they resolved/decided to settle their disputes. Both revision petitioner/accused and respondent/complainant, were present before this Court along with Identity Cards (Aadhar Cards). Both of them filed a memo of Joint Compromise dated 24.07.2026 stating that dispute under Section 138 of NI Act is amicably settled out of Court and prayed to compound the offence. Further, respondent also agreed to withdraw the case as against petitioner.
Section 147 of the Negotiable Instruments Act, 1881 reads as follows:-
“147. Offences to be compoundable.—
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable].”
In view of the aforesaid provision, offence under Section 138 of the Negotiable Instruments Act becomes compoundable at any stage of the case.
In view of the above and in the interest of justice, the alleged offence committed by the petitioner/accused under Section 138 of NI Act, stands compounded under Section 147 of the Act. The joint compromise memo dated 24.07.2026, was read out to both counsel and same has been agreed by either side as found correct, this Court is inclined to pass the following orders :-
The judgment of conviction and sentence passed by the learned Judicial Magistrate Court (FTC), Pattukottai in S.T.C.No.109 of 2019 dated; 12.03.2020 and the judgment passed by the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai in C.A.No.28 of 2020 dated; 22.08.2022, are set aside and the accused is acquitted of the charge under Section 138 of the NI Act.
ii) The Joint Compromise memo dated 24.07.2026 shall form part and parcel of this Order.
With the above directions, this Criminal Revision Petition is disposed of.