P.Sakthivel v. K.Nandhagopal

O R D E R Heard Mr.K.Arunraj, learned Counsel for the Revision Petitioner and Mr.A.M.B.Muthubalan, learned Counsel for the Respondent.

¶2This Criminal Revision Petition has been filed to set aside the order passed by the learned Principal District and Sessions Judge, Tiruchirappalli in Crl.M.P.No.5131 of 2025 in Crl.A.SR.No.5760 of 2025 vide order dated 16.04.2026.

¶3The Respondent/complainant herein filed a complaint as against petitioner alleging that petitioner herein committed offence under Section 138 of the Negotiable Instruments Act (herein after referred to as "the NI Act") and the same was taken on file by the Judicial Magistrate, Manapparai in S.T.C.No.508 of 2021, where the petitioner herein is the sole accused. The Trial Court vide judgment dated 29.08.2025, has held that the petitioner was guilty of offence under Section 138 of NI Act, convicted and sentenced to undergo simple imprisonment for one year and also pay the cheque amount of Rs.2,50,000/- as compensation to Respondent/complainant, within one month from the date of judgment and in default of payment of compensation, to undergo further one month simple imprisonment.

¶4Aggrieved by the same, the petitioner/accused filed a Criminal Appeal along with a petition for condonation of delay in Crl.M.P.No.5131 of 2025 in Crl.A.SR.No.5760 of 2025 before the learned Principal District and Sessions Judge, Tiruchirappalli. The learned Appellate Court, vide order dated 16.04.2026, dismissed the said petition for want of representation on behalf of the petitioner, recording that sufficient time had already been granted. Aggrieved by the same, the petitioner has filed the present Criminal Revision Petition.

¶5Today, 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 copy of Joint Memo of Compromise dated 20.08.2026 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.

¶6Section 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.

¶7In 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. Contents of the joint compromise memo dated 20.08.2026, was read out to both parties and same has been agreed by either side as found correct, this Court is inclined to pass the following orders :-

(i) The judgment of conviction and sentence passed by the learned Judicial Magistrate, Manapparai in S.T.C.No.508 of 2021, dated 29.08.2025, is set aside and the accused is acquitted of the charge under Section 138 of the NI Act.

ii) The Joint Compromise memo dated 20.08.2026 shall form part and parcel of this Order.

¶8With the above directions, this Criminal Revision Petition is disposed of.

20.08.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr To:

1.The Principal District and Sessions Judge, Tiruchirappalli.

2.The Judicial Magistrate, Manapparai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.GUNASEKARAN

, J.

Nsr Crl.R.C.(MD)No.1105 of 2026

20.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2026 CORAM THE HONOURABLE MR.JUSTICE N.GUNASEKARAN Crl.RC(MD).No.1105 of 2026 P.Sakthivel ... Petitioner vs. K.Nandhagopal ... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the entire records pertaining to the order passed by the learned Principal District and Sessions Judge, Tiruchirappalli in Crl.M.P.No.5131 of 2025 in Crl.A.SR.No.5760 of 2025 vide order dated 16.04.2026 and set aside the same by allowing this Criminal Revision Petition. For Petitioner : Mr.K.Arunraj For Respondent : Mr.A.M.B.Muthubalan *****