THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1676 OF 2003 ORDER: The respondent No.2 herein filed a private complaint under Section 200 Cr.P.C. against the petitioner alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’). The learned Additional Judicial Magistrate of First Class, Kothagudem, took cognizance of the same and numbered it as C.C. No.62 of 1999. During the course of trial, respondent No.2 was examined as PW-1 and the petitioner was examined as D.W-1. Similarly, Exs.P-1 to P-5 were marked on behalf of the respondent No.2 and Exs.D-1 to D-6 were marked on behalf of the petitioner. Having analyzed the said evidence, the trial Court came to the conclusion that the petitioner is guilty of the said offence and accordingly sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of three months. Learned Magistrate further directed the petitioner to pay an amount of Rs.50,000/- to respondent No.2 towards compensation. The said judgment was questioned by the petitioner by filing Criminal Appeal No.36 of 2002 and the learned II Additional Sessions Judge, (F.T.C.), Khammam, while holding that the petitioner is guilty of the offence under Section 138 of the NI Act, reduced the sentence from one year to six months. The fine and the compensation amounts were not disturbed. Questioning the same, petitioner filed this revision. 2. This Court admitted the revision on 11-11-2003 and the petitioner was enlarged on bail. During the pendency of this revision, it appears that there was a settlement between the parties and the petitioner agreed to pay the compensation amount of Rs.50,000/- to respondent No.2. Respondent No.2 came forward and gave an affidavit, stating that she is not interested to get the matter prosecuted in the light of the compromise arrived at between the parties, that she received the amount of Rs.50,000/- and that due to her ill health, she is not in a position to appear before this Court. 3. In view of the payment made by the petitioner - accused and the offence punishable under Section 138 of the NI Act is compoundable, the judgments of the trial Court and the appellate Court and the other proceedings initiated against the petitioner are hereby set aside. 4. Accordingly, the Criminal Revision Case is allowed. ________________________ GOPALA KRISHNA TAMADA, J October 07, 2010. KTL