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2025 DIGILAW 53 (SC)

K. P. Balachander @ Balu v. Nirmala Devi

2025-01-03

ABHAY S.OKA, AUGUSTINE GEORGE MASIH

body2025
ORDER 1. Application for substitution is allowed, subject to all just exceptions, after condoning the delay and setting aside the abatement, if any. 2. An affidavit dated 26th December, 2024, in original, filed by the respondents is taken on record. 3. Delay condoned. 4. Leave granted. 5. Heard the learned counsel appearing for the parties. 6. It is true that the conviction of the appellant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”) has been confirmed. The respondents, who are the legal representatives of the deceased complainant, have filed an affidavit dated 26th December, 2024 bringing on record the fact that there is a complete settlement between them and the appellant and they have received a sum of Rs.10,00,000/- (Rupees Ten Lakhs) from the appellant. The third respondent is present through video conference. He also accepts that there is a settlement in terms of what is stated in the affidavit dated 26th December, 2024. The respondents are represented by their Advocate who also states that the offence can be compounded. 7. The offence under Section 138 of the NI Act is compoundable. Now, the offence stands compounded. Therefore, we set aside the impugned judgments and orders and set aside the order of conviction of the appellant. 8. The Appeal is, accordingly, allowed. The appellant shall be immediately set at liberty.