2008 INSC 0141
                                    SUPREME COURT OF INDIA

                                                 Christudhas

                                                      Vs.

                                                   T.Nalini

                                           Crl.A.No.139 of 2008

                                     (C.K.Thakker and D.K.Jain,JJ.)

                                                 21.01.2008

                                                   ORDER

(Arising out of S.L.P.(Criminal) No.482/08(CrMP.No.13304/ 2007)

1. Delay condoned.

2. Leave granted.

3.We have heard learned counsel for the parties. In the instant case all the three courts have
convicted the appellant herein for an offence punishable under Section 138 of the Negotiable
Instruments Act, 1881. Thereafter the matter has been settled between the parties and an
affidavit to that effect is filed. In the said affidavit it was stated that the deponent original
complainant had received the entire amount covered by the cheque along with interest and
other expensed and she was ready for a compromise and she has no objection if the offence
against the appellant is compounded. Recently, this Court has taken the view in Vinay
Devanna Nayak vs. Ryot Seva Sahakari Bank Ltd., reported in1 that such offence can be
compounded. On the facts and in the circumstances of the :2: case, therefore, the offence is
compounded. The appellant is acquitted under subsection (8) of Section 320 of the Code of
Criminal Procedure, 1973. Appeal is, accordingly, allowed. to the extent indicated above.

Judgment Referred.

1JT 2007 (13) 382

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