THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.257, 258 and 259 of 2011 COMMON JUDGMENT: As the parties and the subject matter in all these Revision Cases are one and the same, they are heard together and are disposed of by a common judgment. The second respondent gave three private complaints stating that the petitioner herein-accused issued him three cheques for a sum of Rs.1,00,000/- each and when the same were presented with the banker, they were returned with an endorsement “exceeds arrangements”, attracting the provisions of Section 138 of the Negotiable Instruments Act, hence, the learned Judicial Magistrate of First Class, Guntur, numbered them as C.C.Nos.361, 362 and 374 of 2004. All the cases were tried independently, and in each C.C., the complainant got himself examined as P.W-1 and also examined P.W-2 and got marked Exs.P-1 to P-11. On behalf of the accused, none was examined nor any documents were marked. The learned Magistrate having analysed the entire evidence, found the petitioner-accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act in all the said C.Cs., and accordingly, vide his judgment, dated 30.09.2004, convicted and sentenced him to suffer imprisonment for one year and also to pay a fine of Rs.1,000/- in each of the said C.Cs. The accused filed three appeals being Criminal Appeal Nos.442, 443 and 444 of 2004 on the file of the IX Additional Sessions Judge, (Fast Track Court), Guntur, against the said conviction and sentence imposed on him by the trial Court in C.C.Nos.361, 362 and 374 of 2004, respectively. The lower appellate Court by its judgment, dated 14.03.2004, confirmed the judgments passed in the said C.Cs. Hence, the present Criminal Revision Cases filed by the accused. Today, the second respondent-complainant moved all the cases by way of lunch motion. When the matter is taken up for hearing, learned counsel appearing for both the parties stated that the amounts due to the second respondent-complainant by the petitioner-accused under the said three cheques has been paid by the petitioner to the second respondent and the affidavits of the second respondent are also filed to that effect. It is also stated in the affidavits by the second respondent that as the matters are settled out of Court, the said offence against the petitioner-accused may be compounded in all the three cases. In the light of the same and as the offence punishable under Section 138 IPC is compoundable, this Court is of the view that the said offence against the petitioner herein can be compounded. Accordingly, all the three Criminal Revision Cases are allowed and the conviction and sentence imposed on the petitioner-accused in the said cases by both the Courts below is hereby set aside. The fine amount, if any, paid by the petitioner-accused in the said C.Cs., shall be refunded to the petitioner. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th March 2011 DR