IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1982  OF 2011 (@ SPECIAL LEAVE PETITION(CRL.)NO.6197 OF 2011)

R.RAJU ... APPELLANT

VERSUS

K. SIVASWAMY ... RESPONDENT

O R D E R   Leave granted.

This  appeal is  directed against  the Judgment  and Order  

dated 23rd March, 2011 passed by the High Court of Judicature at  

Madras in Criminal Revision Case No.1433 of 2007.  By the impugned  

Jugement and Order, the High Court has confirmed the Judgment and  

Order dated 13th August, 2007 of the Additional District and Sessions  

Judge cum Fast Track Court No. 2, Coimbatore, which had confirmed  

the Judgment and Sentence of the Learned Judicial Magistrate No. 2,  

Pollachi,  dated  21.11.2006  in  C.C.No.  202  of  2004,  whereby  the  

appellant  was  convicted  for  an  offence  under  Section  138  of  

Negotiable  Instruments  Act,  1881    (for  short,  “the  Act”)  and  

sentenced to undergo one year simple imprisonment and to pay a fine  

of Rs. 5000/-, in default, to undergo simple imprisonment for three  

months.

During  the  pendency  of  this  appeal,  the  appellant  had  

entered into a compromise with the complainant and the complainant  

has appeared through the learned counsel, who stated that the entire  

money has been received by the complainant and, therefore, he has no  

objection if the conviction already recorded under Section 138 of  

the Act is set aside.  

: 2 :

Since the parties have arrived at a settlement and prayed  

for the compounding of the offence as contemplated by Section 147 of  

the Act, it is not necessary for us to notice the facts leading up  

to institution of proceedings before this Court.   

Since the parties have settled their disputes, we allow  

the parties to compound the offence, set aside the Judgment of the  

Courts below and acquit the appellant of the charges against him.   

In our opinion, since the appellant has wasted the public time,  

while setting aside the aforesaid orders, the appellant should be  

burdened  with  exemplary  costs,  which  we  quantify  at  Rs.50,000/-  

which shall be deposited by the appellant before the National Legal  

Services Authority within three weeks from today.  In case, the  

appellant defaults in depositing the amount, as ordered by us, the  

National Legal Services Authority is at liberty to move this Court  

for appropriate orders.   

The appeal is, accordingly, allowed in the aforesaid terms.   

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; 31ST OCTOBER, 2011