This revision has been filed by the petitioner / accused against the Judgment, dated 07.07.2009, made in C.A.No.134 of 2008, by the learned Additional Sessions Judge, Fast Track Court No.I, Thoothukudi, confirming the Judgment, dated 14.11.2008, made in C.C.No.5 of 2006, by the learned District Munsif, Sattankulam, convicting the petitioner / accused for the offence under Section 138 of the Negotiable Instruments Act and sentencing him to undergo one year simple imprisonment and to pay the cheque amount of Rs.2,00,000/- as compensation to the respondent / complainant, under Section 357 Cr.P.C.
2. On 31.10.2017, when the matter was taken up for hearing, it was submitted by the learned counsel for the petitioner / accused that the matter was referred to the Lok Adalat and as per the settlement arrived between the parties before the Lok Adalat, the amount was fixed at Rs.1,50,000/- and that the entire amount has been paid to the respondent / complainant and he has also given full quit and also agreed that the revision may be allowed in favour of the petitioner / accused. However, on 31.10.2017, when the matter was taken up for hearing, since the respondent / complainant did not appear either in person or through his counsel, private notice returnable by 13.11.2017 was ordered for his appearance before the Court. Accordingly, the learned counsel for the petitioner / accused had taken private notice to the respondent / complainant and thereby, on 13.11.2017, the respondent / complainant appeared in person before this Court. However, due to paucity of time, the matter was unable to be taken up on that day.
3. Today (i.e.14.11.2017) when the matter is taken up for hearing, the learned counsel for the petitioner / accused submitted that the entire dispute in the revision is settled between the parties before the Lok Adalat on 17.09.2011 and orders have also been passed in the Lok Adalat with regard to the settlement between the parties. Further, pursuant to that the respondent / complainant has already withdrawn Rs.1,00,000/-, which was deposited in the Court and thereafter, the petitioner / accused has also paid a sum of Rs.50,000/- in discharge of his liability towards full quit. The learned counsel for the petitioner / accused has also filed a joint memo, dated 13.11.2017, signed by both the parties as well as their counsels, stating that the matter has been settled out of Court between parties and the respondent / complainant has no objection in the revision being allowed. The settlement is recorded and the joint memo, dated 13.11.2017, is taken on file.
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 / accused is acquitted from the charges levelled against him. The joint memo, dated 13.11.2017, shall form part of the Court records.
To:
1.The Additional Sessions Judge, Fast Track Court No.I, Thoothukudi.
2.The District Munsif, Sattankulam.
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