This Criminal Revision Case has been filed against the judgment of the learned Additional District and Sessions Judge (Fast Track Court No.I), Tirunelveli, in C.A.No.69 of 2007, dated 21.11.2007, confirming the judgment dated 26.03.2007, made in S.T.C.No.22 of 2006, on the file of the learned Principal District Munsif Judge, Sankarankovil, convicting the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentencing him to undergo one year simple imprisonment.
2. When the matter is taken up for hearing today (i.e., 16.11.2017), both the parties have filed a joint memo of compromise, dated 30.10.2017, stating that during pendency of the case before this Court both the parties have resolved their differences amicably and settled the entire matter in the presence of well-wishers of both parties and that pursuant to the settlement, both the parties have entered into a compromise on 03.09.2007. On the strength of the compromise entered into between the parties, the respondent / complainant has received a sum of Rs.95,000/- towards his debt and he has also no further claim in future as against the petitioner in any forum. It has also been submitted by both the parties that they do not want to proceed the matter further and the respondent / complainant is not interested in prosecuting the petitioner further and that he is also not interested in convicting the petitioner.
3. The respondent has also stated that he has no objection to allow this Criminal Revision and the judgments passed by the learned Additional District and Sessions Judge (Fast Track Court No.I), Tirunelveli, in C.A.No.69 of 2007, dated 21.11.2007, and the learned Principal District Munsif Court, Sankarankovil, in S.T.C.No.22 of 2006, dated 26.03.2007, being set aside.
4. It is pertinent to note that as per Section 147 of the Negotiable Instruments Act, the offence punishable under Section 138 N.I.Act is compoundable. Therefore, taking into consideration the joint memo filed by the parties and the fact that the matter has been settled out of the Court, this revision is allowed and the conviction and sentence imposed by the Courts below are set aside. The petitioner is acquitted from the charges levelled against him. The joint memo, dated 30.10.2017, shall form part of the Court records.
To:
1.The Additional District and Sessions Judge (Fast Track Court No.I), Tirunelveli,.
2.The Principal District Munsif, Sankarankovil.
.