Kamalakar vs S.Nagaraj

Sunder Mohan, J

The revision challenges the Judgment dated 24.02.2025 passed in Criminal Appeal No. 42 of 2024 by the District and Sessions Judge, Vellore, confirming the conviction and sentence imposed on the petitioner for the offence under Section 138 of the Negotiable Instruments Act by Judgment dated 09.09.2024 in C.C. No.5 of 2016 by the learned Judicial Magistrate, Gudiyatham. The petitioner was sentenced to undergo one year of rigorous imprisonment and to pay compensation of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only), carrying a default sentence of simple imprisonment for three months for the aforesaid offence.

2.It appears that the petitioner has been arrested pursuant to the impugned judgment and is in custody since 03.02.2026. Thereafter, the petitioner’s wife had arrived at a compromise with the respondent.

3.When the revision is taken up for admission, learned counsels on either side would submit that the parties have entered into a compromise by which the respondent had agreed to receive the entire cheque amount in full and final settlement of all his claims. A Joint Compromise Memo dated 09.02.2026 has also been filed by the parties.

4.The petitioner is present. The respondent identified by his counsel is present, and he confirmed the compromise and the fact that he has received the entire cheque amount.

5.In view of the compromise arrived at and since the offence under Section 138 of the Negotiable Instruments Act is compoundable, this Court is inclined to accept the Joint Compromise Memo dated 09.02.2026 and set aside the conviction and sentence imposed on the petitioner by the trial Court.

6.Accordingly, the Joint Compromise Memo dated 09.02.2026 is taken on file. The Criminal Revision Case is allowed in terms of the Joint Compromise Memo dated 09.02.2026. The conviction and sentence imposed on the petitioner vide judgment dated 09.09.2024 in C.C. No.5 of 2016 by the learned Judicial Magistrate, Gudiyatham, and confirmed by Judgment dated 24.02.2025 in C.A.No.42 of 2024 by the learned District and Sessions Judge, Vellore, are set aside, and the petitioner is acquitted of the offence under Section 138 of the Negotiable Instruments Act. The petitioner who is under imprisonment is set at liberty forthwith. Fine amount, if any, paid by the petitioner shall be refunded. Bail bond, if any, executed shall stand discharged. Consequently, the connected miscellaneous petition is closed.