B. SAMPATH KUMARAN Vs. M/S. SREE ENTERPRISE

JUDGEMENT

(1.) The Criminal Revision Case arises out of a judgment of conviction pronounced by the trial Court namely, the Judicial Magistrate No.1, Karur in C.C.No.390 of 2005 convicting the revision petitioner for an offence punishable under Sec. 138 of Negotiable Instruments Act, 1881. On appeal in C.A.No.26 of 2007 on the file of the Principal Sessions Judge, Karur, the lower Appellate Judge confirmed the conviction and also the sentence imposed by the trial Court. As against the same, the present Criminal Revision Case has been preferred.

(2.) Pending disposal of the Criminal Revision Case, the parties have effected a settlement. The revision petitioner has paid Rs. 10,00,000.00 towards the full satisfaction of the claim of the respondent on the basis of the dishonoured cheque. The respondent has also received the same and expressed full satisfaction besides consenting for compounding the offence. The parties are also present along with their respective counsel. They have filed a petition in M.P.(MD)No.1 of 2014 for recording composition.

(3.) Though there are judgments to the effect that when the offence under Sec. 138 of the Negotiable Instruments Act, 1881 is sought to be compounded in the appellate stage or in the revisional stage, more amount is to be fixed as the compounding fee. Since it is brought to the notice of the Court that there was dispute between the parties regarding the actual liability between the parties, the amount now agreed and paid will take care of the same and hence, this Court does not deem it fit to load the compounding cost with any further amount.