IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE B.N.RAO NALLA Crl.RC.MP.1437/2011 in Crl.R.C.1856/2009 & Crl.R.C.No.1856 of 2009 Between: M.Purushotam ..... PETITIONER/ACCUSED And The State of A.P. rep.by the Public Prosecutor, High Court of A.P. Hyderabad and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE B.N.RAO NALLA Crl.RC.MP.1437/2011 in Crl.R.C.1856/2009 & Crl.R.C.No.1856 of 2009 COMMON ORDER: The Criminal Revision Case is filed by the petitioner/accused against the judgment dated 30.10.2009 in Crl.A.No.409/2005 on the file of the I Addl.Metropolitan Sessions Judge, Hyderabad, by which, the learned Sessions Judge confirmed the conviction and sentence imposed by the learned VII Addl.Chief Metropolitan Magistrate, Hyderabad against the petitioner/accused vide judgment dated 22.11.2005 in CC.No.10/2001 for the offence punishable under Sec.138 of the Negotiable Instruments Act. During pendency of the revision case, both parties jointly filed Crl.R.C.M.P.1437/2011 seeking to compound the offence under Sec.138 of the Negotiable Instruments Act and setting aside the judgment passed in CC.10/2001 on the file of the VII Addl.Chief Metropolitan Magistrate, Hyderabad dated 22.11.2005, as confirmed by the I Addl.Metropolitan sessions Judge, Hyderabad in Crl.A.409/2005 dated 30.10.2009, in view of the compromise arrived at between the parties. In the said petition, it is stated that both the complainant and the petitioner/accused have compromised the issue and in terms of the compromise, the petitioner/accused paid a sum of Rs.70,000/- (Rupees seventy thousand only) on 12.05.2010 towards full and final settlement to the 2nd respondent-Vasavi Cooperative Urban Bank Limited, for which the 2nd respondent-bank issued a letter of discharge in favour of petitioner/accused. One B.Prabhakar filed an affidavit stating that he is the authorized officer of the 2nd respondent-Bank to see the legal affairs of the Bank. He further stated that the petitioner/accused and the 2nd respondent-Bank have entered into compromise outside the Court and as per compromise, the petitioner/accused paid a sum of Rs.70,000/- (Rupees seventy thousand only) on 12.05.2010 towards full and final settlement to the respondent-Bank, and therefore, the respondent-Bank has no objection to compound the offence and acquit the petitioner/accused for the alleged offence. In addition to that, the petitioner/accused has also filed a receipt issued by the Andhra Pradesh State Legal Services Authority, dated 11.10.2011, evidencing that he has paid Rs.1,350/- (Rupees one thousand three hundred and fifty only) towards costs awarded by this Court. Today, both the petitioner/accused and the authorized officer of the 2nd respondent-Bank by name Mr.B.Prabhakar, as well as their respective counsel are present. The petitioner/accused and the authorized officer of the 2nd respondent-Bank are identified by their respective counsel. On being questioned, the authorized officer of the 2nd respondent-Bank admitted the contents of his affidavit. Having regard to the facts and circumstances of the case, Crl.R.C.MP.1437/2011 is allowed compounding the offence punishable under Sec.138 of the Negotiable Instruments Act against the petitioner/accused. Consequently Crl.R.C.1856/2009 is allowed, the conviction and sentence recorded by the learned VII Addl.Chief Metropolitan Magistrate, Hyderabad in C.C.No.10/2001, dated 22.11.2005, as confirmed by the I Addl.Metropolitan sessions Judge, Hyderabad in Crl.A.409/2005 dated 30.10.2009, is set aside, and the accused is acquitted. The bail bonds of the accused shall stand cancelled. Further, the fine amount, if any paid, shall be refunded to him. ____________________ B.N.RAO NALLA,J Dated: 14.10.2011 Dsr