THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.RC.M.P.No.3276 of 2011 AND CRIMINAL REVISION CASE No.1500 of 2011 ORDER: The Criminal Revision Case is filed by the petitioner-appellant- Accused against the judgment, dated 13.07.2011, rendered in Criminal Appeal No.121 of 2008 passed by the IV Additional Sessions Judge (FTC), Anantapur, confirming the judgment of conviction and sentence passed on 23.10.2008 in C.C.No.292 of 2003 by the Judicial Magistrate of First Class, Dharmavaram, whereby and whereunder the accused was convicted under Section 255 (2) Cr.P.C., for the offence punishable under Section 138 of Negotiable Instruments Act, and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a compensation of Rs.1,80,000/-, in default to suffer SI for a period of six months. Today, the complainant is present before the Court. He filed a copy of his Permanent Account Number card, in proof of his identity. Crl.RC.MP.No.3276 of 2011, duly signed by both parties, is filed before this Court seeking permission of the Court to compound the offence and acquit the accused. Along with this miscellaneous petition, an affidavit duly signed by the complainant is filed before this Court. Relevant portion of the affidavit is extracted hereunder: “…3. While pending adjudication of the Revision the elders on both sides who advised to settle the issue amicably in smooth manner, thereby Revision Petition is willing to pay Rs.1,00,000/- (Rupees One Lakh only) in favour of me i.e., G.Sampath Kumar (complainant) towards the full and final settlement of the subject cheque transaction in the instant case. I have also expressed my willingness to receive the said cheque towards full and final settlement towards my complaint in C.C.No.292 of 2003 i.e., subject cheque transaction herein. 4. I further submit that, in order to avoid further litigations between both of us on my free and volition I am deposing the facts stated supra. Hence, the present Affidavit. 5. It is further prayed that, the Hon’ble Court may be pleased to compound the Crl.R.C.No.1500 of 2011 and acquit the Accused and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” When questioned, the complainant reiterated the contents of the affidavit and stated that the disputes between himself and accused are settled out of Court and that he had no objection to acquit the petitioner. In the light of the compromise arrived at between the parties and in view of the guidelines laid down by Hon’ble Supreme Court in this regard, the Criminal Revision Case can be allowed setting aside the conviction and sentence imposed against the petitioner. Accordingly, Crl.RC.MP.No.3276 of 2011 and the Criminal Revision Case are allowed and the conviction and sentence imposed by the trial Court against the petitioner and confirmed by the Appellate Court are hereby set aside and the petitioner-accused is acquitted of the charge levelled against him. ______________ RAJA ELANGO, J. 01.11.2011, v v