HON'BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.3496 of 2010 AND CRIMINAL REVISION CASE No.1689 of 2005 JUDGMENT: Criminal Revision Case No.1689 of 2005 is preferred by the petitioner- accused against the judgment, dated 27.09.2005, passed by the learned I Addl. Sessions Judge, Ongole, in Crl.A.No.18 of 2005 dismissing the said criminal appeal, while confirming the judgment, dated 17.03.2005, passed by the learned II Addl. Judicial Magistrate of First Class, Ongole, in C.C.No.404 of 2004, convicting the petitioner-accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short “the Act”) and sentencing him to undergo simple imprisonment for a period of six months and also directing him to pay Rs.90,000/- to the 1st respondent-complainant towards compensation. 2. It is submitted by the learned counsel for the petitioner-accused as well as the learned counsel for the 1st respondent-complainant that during pendency of the Criminal Revision Case, at the intervention of well-wishers and elders, both the parties have compromised the matter amicably and the petitioner has paid the requisite amount to the 1st respondent and both the parties filed Crl.R.C.M.P.No.3496 of 2010 before this Court seeking to set aside the conviction and sentence imposed by the trial Court against the petitioner as confirmed by the appellate Court in terms of the compromise arrived at between them. 3. The petitioner and the 1st respondent are present before this Court. The 1st respondent produced his identity and the same is verified by the learned Additional Public Prosecutor. He stated that on the advice of elders and well- wishers, himself and the petitioner have compromised the matter out of Court and he received the requisite amount from the petitioner towards full and final settlement, in pursuance of the compromise. 4. In the light of the compromise arrived at between the parties and since the offence is compoundable, this Court is of the view that the conviction and sentence imposed against the petitioner-accused by the trial Court as confirmed by the appellate Court can be set aside. 5. Accordingly, Crl.R.C.M.P.No.3496 of 2010 and Crl.R.C.No.1689 of 2005 are allowed and the conviction and sentence recorded against the petitioner-accused by the trial Court in C.C.No.404 of 2004 as confirmed by the appellate Court in Crl.A.No.18 of 2005 are hereby set aside and accordingly the petitioner-accused is acquitted of the offence under Section 138 of the Act. __________________ RAJA ELANGO, J 14th December, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.3496 of 2010 AND CRIMINAL REVISION CASE No.1689 of 2005 (Allowed) 14th December, 2010 CBS HON'BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.3496 of 2010 AND CRIMINAL REVISION CASE No.1689 of 2005 Date:14.12.2010 Between: Perikala Bhaskara Rao … Petitioner/ Accused And D. Sanga Reddy and another … Respondents