THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.M.P.No.2841 of 2011 and CRIMINAL REVISION CASE No.1911 of 2011 ORDER: This Criminal Revision Case is filed by the petitioner-accused to set aside the Judgment and Conviction passed against him in C.C.No.27 of 2007 by the learned Judicial Magistrate of First Class, Parchur, as confirmed by the learned I Addl. District & Sessions Judge, Ongole, in Criminal Appeal No.57 of 2009. Heard both sides. Initially, the petitioner-accused was prosecuted in C.C.No.27 of 2007 by the learned Judicial Magistrate of First Class, Parchur, wherein he was convicted under Section 255 (2) Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instrument Act and sentenced to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs.5,000/- and in default of payment of fine amount, to suffer simple imprisonment for one month. As against the said conviction, the accused preferred Criminal Appeal No.57 of 2009, whereby the learned I Addl. District & Sessions Judge, Ongole, on the consideration of the material available on record, vide judgment dated 23.11.2009, allowed the appeal in part and while confirming the conviction, set aside the sentence of imprisonment and instead of the same, directed the petitioner to pay compensation of Rs.50,000/-, in default, to undergo simple imprisonment for six months. Aggrieved thereby, present revision is filed by the petitioner-accused. Today, when the matter is taken up for hearing, both the petitioner and the 2nd respondent-complainant are present and filed Crl.R.C.M.P.No.2841 of 2011 with a prayer to record the compromise and acquit the petitioner by setting aside the impugned judgments. An affidavit duly signed by the 2nd respondent is filed before this Court. When questioned, the 2nd respondent reiterated the contents of the affidavit and stated that the disputes between himself and the accused are settled outside the Court and he had no objection to acquit the petitioner/accused. In view of the fact that the parties have compromised the matter outside the Court and in view of the guidelines laid down by Hon’ble Supreme Court, by exercising inherent powers under Section 482 of the Code of Criminal Procedure, the petitioner can be acquitted. Further, the petitioner and the 2nd respondent are directed to pay an amount of Rs.5,000/- (Rupees Five thousand only), towards costs, before the A.P. Legal Services Authority, Hyderabad, and accordingly they have paid the same before the said Authority vide receipt No.263 dated 8.9.2011. Accordingly, Crl.R.C.M.P.No.2841 of 2011 and the Criminal Revision Case are allowed and the conviction and sentence imposed by the trial Court and confirmed by the Appellate Court are hereby set aside and, consequently, the petitioner-accused is acquitted of the charge levelled against him. The affidavit of the 2nd respondent filed into Court be made as part of this order. __________________ RAJA ELANGO, J. 8th September, 2011 cbs THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.M.P.No.2841 of 2011 and CRIMINAL REVISION CASE No.1911 of 2011 (Allowed) 8th September, 2011 cbs