HON'BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.1915 of 2011 AND CRIMINAL REVISION CASE No.2187 of 2005 JUDGMENT: Criminal Revision Case No.2187 of 2005 is preferred by the petitioner- accused against the judgment, dated 19.12.2005, passed by the learned IX Addl. Sessions Judge, Krishna at Machilipatnam, in Crl.A.No.8 of 2003 dismissing the said criminal appeal, while confirming the judgment, dated 20.12.2002, passed by the learned Addl. Judicial Magistrate of First Class, Avanigadda, in C.C.No.519 of 1997, convicting the petitioner-accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short “the Act”) and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for three months. 2. It is submitted by the learned counsel for the petitioner-accused as well as the learned counsel for the 1st respondent-complainant that during pendency of the Criminal Revision Case, at the intervention of well-wishers and elders, both the parties have compromised the matter amicably and the petitioner has paid the cheque amount of Rs.50,000/- to the 1st respondent and the 1st respondent has received the same towards full and final satisfaction of all claims and both the parties filed Crl.R.C.M.P.No.1915 of 2011 before this Court seeking to set aside the conviction and sentence imposed by the trial Court against the petitioner as confirmed by the appellate Court in terms of the compromise arrived at between them and acquit the petitioner of the offence under Section 138 of the Act. 3. The petitioner and the 1st respondent are present before this Court. The 1st respondent stated that on the advice of elders and well-wishers, himself and the petitioner have compromised the matter out of Court and he received the cheque amount of Rs.50,000/- from the petitioner towards full and final settlement of all claims, in terms of the compromise. 4. In the light of the compromise arrived at between the parties and since the offence is compoundable, this Court is of the view that the conviction and sentence imposed against the petitioner-accused by the trial Court as confirmed by the appellate Court can be set aside. 5. Accordingly, Crl.R.C.M.P.No.1915 of 2011 and Crl.R.C.No.2187 of 2005 are allowed and the conviction and sentence recorded against the petitioner-accused by the trial Court in C.C.No.519 of 1997 as confirmed by the appellate Court in Crl.A.No.8 of 2003 are hereby set aside and accordingly the petitioner-accused is acquitted of the offence under Section 138 of the Act. The Memorandum of Compromise signed by both parties as well as their counsel be read as part of this judgment. __________________ RAJA ELANGO, J 24th June, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.1915 of 2011 AND CRIMINAL REVISION CASE No.2187 of 2005 (Allowed) 24th June, 2011 cbs HON'BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.1915 of 2011 AND CRIMINAL REVISION CASE No.2187 of 2005 Date:24.06.2011 Between: Movva Ashok … Petitioner/ Accused And Gaddipati Rama Chandra Rao and another … Respondents