THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.176 of 2011 JUDGMENT: On the basis of the private complaint filed by the first respondent herein stating that the petitioner herein issued cheque for a sum of Rs.50,000/- and the same was returned with an endorsement “the account was closed”, attracting the provisions of Section 138 read with 142 of the Negotiable Instruments Act, the learned Special Judicial Magistrate of First Class, (Prohibition and Excise), Visakhapatnam, has numbered it as C.C.No.419 of 2008. During the course of trial, on behalf of the complainant, P.W-1 was examined and Exs.P-1 to P-8 were marked. On behalf of the accused, none was examined nor any documents were marked. The learned Magistrate having analysed the entire evidence, by his judgment, dated 12.11.2008, found the accused guilty of the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act and accordingly, convicted and sentenced him to suffer rigorous imprisonment for six months and also to pay compensation of Rs.50,000/- to the complainant, in default to suffer simple imprisonment for a period of two months. Against the said judgment, the accused filed an appeal being Criminal Appeal No.186 of 2008 on the file of the IV Additional District and Sessions Judge, Visakhapatnam, who by his judgment, dated 07.12.2010, dismissed the appeal, confirming the judgment of the trial Court. Hence, the present Criminal Revision Case filed by the accused. Today, when the matter is taken up for hearing, the petitioner-accused and the first respondent-complainant are present before this Court. When questioned, the first respondent herein-complainant stated that he received a sum of Rs.1,00,000/- from the petitioner-accused. As the offence punishable under Section 138 of the Negotiable Instruments Act is compoundable and as the total cheque amount has been paid by the petitioner-accused to the complainant, this Court is of the view that the said offence can be compounded. Accordingly, this Criminal Revision Case is allowed and the impugned judgment, dated 07.12.2010, passed by the IV Additional District and Sessions Judge, Visakhapatnam, in Crl.A.No.186 of 2008 is hereby set aside. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st January 2011 DR