THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.892 of 2002 DATED: 29-07-2010 ORDER: This revision is filed by the petitioner-accused, questioning the judgment, dated 02-07-2002, passed in Crl.A.No.91 of 2001 by the learned II Additional District & Sessions Judge, Eluru, confirming the judgment, dated 27-03-2001, in C.C.No.339 of 1999 on the file of the II Additional Judicial Magistrate of First Class, Eluru, whereby the petitioner herein-accused was convicted and sentenced to undergo simple imprisonment for a period of three months for the offence punishable under Section 138 of the Negotiable Instruments Act (for brevity, ‘the Act’). 2. 1st respondent herein filed a complaint under Section 138 of the Act, alleging that the cheque that has been issued by the petitioner herein-accused, in discharge of the arrears of the monthly subscriptions relating to a chit was bounced. The learned Magistrate numbered the said complaint as C.C.No.339 of 1999. 3. During the Course of trial, P.Ws.1 and 2 were examined and Exs.P1 and P10 were marked. No witness was examined but Ex.D1 was marked on behalf of the accused 4. Having analyzed the entire evidence, the learned Magistrate came to the conclusion that the petitioner is guilty of the offence punishable under Section 138 of the Act and accordingly convicted and sentenced him as stated supra. As against the same, petitioner herein filed Crl.A.No.91 of 2001 and the same was dismissed by the lower appellate Court. Aggrieved thereby, the present revision is preferred. 5. When this matter is taken up for hearing, it is stated by the learned counsel for the petitioner that the matter is settled out of Court and the petitioner paid the cheque amount of Rs.1,10,000/- on 02-04-2007 and 05-04-2007. Learned counsel for the respondents admitted the same. 6. In the light of the said settlement between the parties and as the said offence is compoundable, this Court is of the view that the said judgments of the Courts below can be set aside. Accordingly, the said offence is compounded and the judgments of the Courts below are hereby set aside. 7. Accordingly, Criminal Revision Case is allowed. _______________________________ GOPALA KRISHNA TAMADA,J 29th July, 2010. Tsy