Judge pugalenthy Considering the fact that the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature and in view of the settlement arrived at between the parties, this Court is inclined to permit compounding of the offence. Accordingly, this Criminal Original Petition is allowed and the conviction and sentence imposed on the petitioner in S.T.C. No. 10 of 2022 on the file of the learned Judicial Magistrate, (Fast Track Court at Magisterial Level), Palani, as confirmed in Crl.A.No.136 of 2023 by the learned

by Sekar Reporter · April 27, 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2026
CORAM
THE HON’BLE MR.JUSTICE B.PUGALENDHI
Crl.OP.(MD)No.7749 of 2026
S.Senthilselvi … Petitioner / Accused
Vs

R.Jayakumar … Complainant / Respondent
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to compound the sentence passed in S.T.C.No.10 of 2022 by the learned Judicial Magistrate, (Fast Track Court at Magisterial Level), Palani, dated 30.10.2023 confirmed in Crl.A.No.136 of 2023 on the file of the learned Additional District Court (Fast Track Court), Palani dated 19.02.2025 and confirmed in Crl.RC(MD).No.378 of 2025 dated 28.08.2025 by this Court.
For Petitioner : Mr.AK.Azagar Sami
Mr.K.Karnan
For Respondent : M/s.S.Mamtha
ORDER
The petitioner was found guilty by the learned Judicial Magistrate, (Fast Track Court at Magisterial Level), Palani in S.T.C. No.10 of 2022 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and was convicted and sentenced to undergo ten months simple imprisonment
and to pay a sum of Rs.8,75,000/- as compensation to the
respondent/complainant.
2. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.
136 of 2023 before the learned Additional District Court (Fast Track Court), Palani, which came to be dismissed on 19.02.2025, confirming the conviction and sentence imposed by the trial Court. Thereafter, the petitioner filed a revision before this Court in Crl.RC(MD).No.378 of 2025, which was also dismissed by order dated 28.08.2025. Thereafter, the petitioner has filed the present petition seeking to compound the offence under Section 147 of the Negotiable Instruments Act, stating that he has settled the dispute with the respondent/complainant.
3. The learned counsel appearing for the complainant/respondent would submit that the parties have amicably settled the dispute and that the respondent is willing to compound the offence. It is further submitted that the petitioner has paid a sum of Rs.6,00,000/- by way of Demand Draft in No.985738 dated
09.04.2026, and the remaining amount had already been deposited before the
Court at the earlier stage of proceedings.
4. This Court has considered the rival submissions made on either side and perused the materials placed on record.
5. Considering the fact that the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature and in view of the settlement arrived at between the parties, this Court is inclined to permit compounding of the offence. Accordingly, this Criminal Original Petition is allowed and the conviction and sentence imposed on the petitioner in S.T.C. No.
10 of 2022 on the file of the learned Judicial Magistrate, (Fast Track Court at
Magisterial Level), Palani, as confirmed in Crl.A.No.136 of 2023 by the learned
Additional District Court (Fast Track Court), Palani, and as confirmed by this Court in Crl.RC(MD).No.378 of 2025, are set aside. The petitioner is acquitted of the charges. Consequently, the offence is compounded.
21.04.2026
NCC : Yes/No Index : Yes/No Internet: Yes/No pal
B.PUGALENDHI , J.
pal