THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1693 OF 2005 ORDER: The first respondent herein filed a private complaint under section 200 of Cr.P.C. against the petitioner herein before the learned II Additional Judicial Magistrate of I Class, Ongole stating that the petitioner issued a cheque in discharge of a legally enforceable debt and on presentation the same was bounced. The learned Magistrate took the same into cognizance as C.C.No.427 of 2003 for the offence punishable under section 138 of N.I. Act. After trial the learned Magistrate found the petitioner guilty of the said offence and accordingly convicted and sentenced him to undergo simple imprisonment for a period of six months and further directed him to pay a compensation of Rs.60,000/- to the first respondent herein, under section 357 (3) of Cr.P.C. Petitioner questioned the said judgment dated 15.10.2004 by way of Criminal Appeal No.150 of 2004 and the learned I Additional District & Sessions Judge, Ongole by his judgment dated 27.09.2004, while concurring with the findings given by the trial court, dismissed the said appeal. Hence the present revision. This court while admitting this revision, granted bail to the petitioner on 06.10.2005. It appears, during the pendency of this revision, there was a settlement between the petitioner and the first respondent and in the light of the said settlement the petitioner herein paid the cheque amount to the first respondent. In those circumstances, both the petitioner and the first respondent appeared before this court today. When questioned the first respondent by name Ch.Seetharamulu stated that he received the said amount of Rs.60,000/- and hence he is not interested in getting the matter prosecuted further. As the offence punishable under section 138 of N.I.Act is compoundable, and as there was settlement between the parties, this court is of the view that the said sentence of imprisonment imposed on the petitioner by both the courts below can be set aside. Accordingly, this revision is allowed and the judgments of both the courts below are hereby set aside. ----------------- 30.12.2010 Sri T.G.K, J. Kvsn