THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.M.P.No.3610 of 2011 and CRIMINAL REVISION CASE No.2394 of 2011 ORDER: This Criminal Revision Case is directed against the Judgment of conviction and sentence passed by the III Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, in C.C.No.38 of 2005 on 23.01.2008, as conﬁrmed by the III Additional District & Sessions Judge, Kakinada, vide his judgment dated 19.08.2011 in Criminal Appeal No.27 of 2008. Heard both sides. Initially, the petitioner-accused was prosecuted in C.C.No.38 of 2005 by the learned III Additional Judicial Magistrate of First Class, Kakinada, wherein she was convicted under Section 255 (2) Cr.P.C. for the oﬀence punishable under Section 138 read with 142 of Negotiable Instrument Act and sentenced to undergo Rigorous Imprisonment for a period of six months and to pay a sum of Rs.3,00,000/- to the complainant towards compensation and in default of payment of ﬁne amount, to suﬀer simple imprisonment for a period of one month. As against the said conviction, the accused preferred Criminal Appeal No.27 of 2008, whereby the learned Sessions Judge, Kakinada, on the consideration of the material available on record, vide judgment dated 19.08.2011, conﬁrmed the judgment of the trial court. Aggrieved thereby, present revision is ﬁled by the petitioner-accused. Today, when the matter is taken up for hearing, the complainant is present. He ﬁled a copy of his driving licence, in proof of his identity. A miscellaneous petition, under Section 320(8) Cr.P.C., is also ﬁled before this Court to permit both parties to compound the oﬀence. Along with the miscellaneous petition, the complainant ﬁled his aﬃdavit stating that the disputes between him and the petitioner were settled amicably by interference of the mediators. He further stated that in view of the settlement arrived at between him and the petitioner, the petitioner paid the amount towards full and ﬁnal settlement of the contract entered into between him and the petitioner and he agreed having received the same and an aﬃdavit to that effect was also given by him. When questioned, the complainant stated that he had no objection to acquit the petitioner/accused. In view of the settlement arrived at between both parties and in view of the guidelines laid down by Hon’ble Supreme Court in this regard, the petitioner can be acquitted by this Court by exercising inherent powers under Section 482 of the Code of Criminal Procedure. Accordingly, the miscellaneous petition ﬁled under Section 320 (8) of Cr.P.C. and the Criminal Revision Case are allowed and the conviction and sentence imposed by the trial Court and conﬁrmed by the appellate Court are hereby set aside and the petitioner-accused is acquitted of the charges levelled against her. ______________ RAJA ELANGO, J. 25.11.2011 v v