Synopsis

This judgment by the Madras High Court allows a criminal revision petition filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (corresponding to Sections 397 and 401 of the Code of Criminal Procedure, 1973). The petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881, and the conviction was upheld by the appellate court. During the pendency of the revision petition, the parties amicably settled the dispute, and the complainant received the full amount due. The court, noting the compromise, permitted the compounding of the offence, set aside the judgments of the courts below, and acquitted the petitioner.

1. Heading for the judgment

Citation: Arthi Kamlesh Purohit v. M/s. Sri Vimala Nehru Exports Private Ltd., Crl. RC No. 516 of 2026, decided on 23.03.2026 (Madras High Court)
Coram: Hon'ble Mr. Justice C. Kumarappan (Single Judge)
Core Law: Negotiable Instruments Act, 1881 (Section 138); Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 438, 442).

Madras High Court sets aside conviction under Section 138 NI Act, permits compounding of offence based on compromise memo, and acquits accused.

2. Legal framework

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