HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No.779 OF 2010 AND CRIMINAL R.C.M.P. No.1146 OF 2010 IN CRIMINAL REVISION CASE No.779 OF 2010 COMMON JUDGMENT: This Criminal Revision Case (S.R.) is filed by the accused Nelapati Sambasiva Rao against the judgment dated 11-08-2008 in Criminal Appeal No.209 of 2007 passed by the learned IV Additional District and Sessions Judge, Guntur, confirming the conviction and sentence imposed on the petitioner by the learned V Additional Munsif Magistrate, Guntur vide judgment dated 20-06-2007 in C.C. No.277 of 2006 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”). 2. Criminal R.C.M.P. (S.R.) No.11129 of 2010 is also filed by the revision petitioner seeking permission of the Court to compound the offence. 3. Heard. 4. The trial Court found the petitioner guilty of the offence under Section 138 of NI Act and sentenced him to suffer rigorous imprisonment for a period of six (6) months and also to pay a fine of Rs.500/- and in default to suffer simple imprisonment for a period of one month and the same was confirmed by the lower appellate Court. 5. On 06-04-2010, this Court passed the following order: “The de facto complainant present and in proof of his identity, he filed voter card bearing No.NDX 0057331 showing his address as 4-08-103, Sakethapuram, Guntur and reports that the matter is settled between himself and the accused. Considering the fact that the matter arises under Section 138 of the NI Act and settled between the parties, the petition for compounding the offence can be considered.” 6. In the circumstances particularly in view of the fact that the parties have amicably settled the matter between them out of Court, they can be permitted to compound the offence and the petitioner can be acquitted of the offence. 7. Accordingly, the parties are permitted to compound the offence and Criminal R.C.M.P. (S.R.) No.11129 of 2010 is allowed compounding the offence between the parties. 8. As a sequel, the Criminal Revision Case is also allowed setting aside the conviction and sentence imposed on the petitioner by both the Courts below and he is acquitted under Section 320(8) Cr.P.C. __________________ P. SWAROOP REDDY, J April 7, 2010. PV