A Section 138 revision may be disposed of in terms of the parties’ voluntary settlement.

The petitioner sought revision of the dismissal of his criminal appeal, which had affirmed his conviction under Section 138 of the Negotiable Instruments Act in C.C. No. 18818/2019.

With the parties’ consent, the High Court took the petition up for final disposal.

Both parties appeared through counsel and filed a joint memo stating that they had settled their disputes.

The respondent reported receiving a cheque for Rs. 14,60,000 towards full and final settlement.

The revision petition was presented under Sections 397 and 401 of the Code of Criminal Procedure, with the petition also referring to Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita; the underlying conviction was under Section 138 of the Negotiable Instruments Act.

The Court cited no precedent or specific statutory rule governing settlement. It accepted the joint memo after finding, on enquiry and perusal of the memo and record, that the settlement was voluntary and lawful.

The Court recorded that both parties were present and represented by counsel, had jointly requested disposal in terms of their settlement, and that the respondent reported receipt of the agreed cheque.

Having found the settlement voluntary and lawful, the Court accepted the memo and disposed of the revision accordingly.

It also permitted withdrawal of the deposited amounts. The order does not expressly set aside the conviction or state that the offence was compounded.

The High Court permitted the respondent to withdraw the amounts deposited before the trial Court and in RFA No. 997/2025.