Uttarakhand High Court
Criminal LawCriminal Procedure and Evidence

An offence under Section 138 of the NI Act may be compounded after conviction upon settlement and payment.

PREMPAL ALIAS PREM KUMAR PRAJAPATI vs LAXMAN SINGH KOSHIYARI

Uttarakhand High CourtJUDGMENT: October 13, 20261 MIN READSOURCE JUDGMENT
An offence under Section 138 of the NI Act may be compounded after conviction upon settlement and payment.. PREMPAL ALIAS PREM KUMAR PRAJAPATI vs LAXMAN SINGH KOSHIYARI. Uttarakhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The revisionist was convicted under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to one year’s simple imprisonment and a fine of ₹1,10,000.

Source reference: para. 5

The appellate court dismissed his appeal and affirmed the conviction and sentence

Source reference: para. 5

While the criminal revision was pending, the parties filed a compounding application and supporting affidavits, stating that they had amicably settled the dispute and that the revisionist had paid the agreed full and final amount of ₹55,000 by UPI, which the complainant had received

Source reference: paras. 6–9

Both parties appeared in person and confirmed the settlement and sought permission to compound the offence.

Source reference: paras. 10–11
02

Issues

Whether the offence under Section 138 of the Negotiable Instruments Act could be compounded after conviction when the parties had settled the dispute

Source reference: paras. 8–12

Whether the conviction, sentence, and appellate order should be set aside following the parties’ settlement and compounding of the offence.

Source reference: paras. 12–14
03

Law Applied

The judgment concerned an offence under Section 138 of the Negotiable Instruments Act, 1881, and proceeded on the stated principle that such an offence is compoundable even after conviction.

Source reference: para. 8

The Court treated the parties’ voluntary settlement and the complainant’s acknowledgment of payment as sufficient grounds to allow compounding.

Source reference: paras. 9–12
04

Reasoning

The Court recorded that the complainant had received the agreed settlement amount and had no further monetary claim, and that both parties personally confirmed the settlement and requested that the offence be compounded.

Source reference: paras. 9–11

In light of their agreement and the acknowledged payment, the Court allowed the compounding application; it then set aside the orders arising from the conviction and dismissed appeal.

Source reference: paras. 12–13
05

Holding

The Court allowed the compounding application and set aside both the appellate order dated 6 May 2026 and the trial court’s judgment and order dated 4 February 2025.

The criminal revision was disposed of accordingly.

Source reference: paras. 12–14
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Negotiable Instruments Act, 18811

Uttarakhand High Court

Original Court PDF

PREMPAL ALIAS PREM KUMAR PRAJAPATIvsLAXMAN SINGH KOSHIYARI

Uttarakhand High Court · October 13, 2026

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