THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.M.P.No.1602 of 2011 And CRIMINAL REVISION CASE No.552 of 2006 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-appellant against the judgment, dated 21.12.2005, rendered in Criminal Appeal No.198 of 2004 by the VII Additional District and Sessions Judge(Fast Track Court), Krishna at Vijayawada, confirming the judgment of conviction and sentence passed in C.C.No.861 of 2001 by the III Metropolitan Magistrate, Vijayawada, whereby and where under the petitioner was convicted under section 255(2) of the Code of Criminal Procedure and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5000/-, in default, to suffer simple imprisonment for two months. Today, when the matter came up for final hearing, learned counsel for the revision petitioner submitted that the matter is settled between the parties and the cheque amount has already been paid. He also submitted that during the pendency of the revision, the complainant died and wife of the complainant-respondent Gelli Uma Devi impleaded herself as respondent and she filed an affidavit stating that she has no objection for allowing the revision. The said affidavit runs as follows: “I, Gelli Uma Devi W/o. Late Gelli Satyanarayana, aged about 38 years, Occ: House wife, R/o.H.No.23.11.7, N.R.P.Road, S.N.Puram, Ward No.28, Vijayawada, Krishna District, do hereby solemnly affirm and sincerely state on oath as follows: 1. I am the wife of the 2nd respondent in the above Crl.R.C. and as such I am well acquainted with the facts of the case. 2. I submit that on a private complaint filed by my husband Late Gelli Satyanarayana before the 3rd Metropolitan Magistrate, Vijayawada in C.C.No.861 of 2001 under Section 138 of N.I.Act against the accused by its judgment dt.30.09.2004. The learned Magistrate convicted the accused under Section 138 of N.I.Act and sentenced to R.I. for 6 months and to pay fine of Rs.5000/-. In default S.I. for two months. Against the said conviction the accused filed Crl.A.No.198 of 2004 before the VII Additional Sessions Judge, FTC Krishna at Vijayawada. By its judgment dt.21.12.2005 the learned Sessions Judge dismissed the appeal and confirmed the sentence and conviction passed in C.C.No.861 of 2001 on the file of III Metropolitan Magistrate, Vijayawada. Against the said conviction and sentence the accused filed Crl.R.C.No.552 of 2006 before this Hon’ble Court and the same is pending before this Hon’ble Court. 3. I submit that during the pendency of the above revision my husband Gelli Satyanarayana wad died on 09.08.2006. Hence, I may be impleaded as respondent No.3. 4. I submit that during the pendency of revision at the intervention of elders and well wishers myself and the accused compromised and settled the matter out of the Court amicably and I received the amount Rs.50,000/- by way of banker demand drafts as full and final settlement. I submit that I have no objection to compound the offence and acquit the petitioner. It is therefore prayed that this Hon’ble Court may be pleased to implead the petitioner as respondent No.3 in Crl.R.C.No.552 of 2006 pending before this Hon’ble Court in the interest of justice. It is therefore prayed this Hon’ble Court may be pleased to compound the offence against the petitioner in Crl.R.C.No.552 of 2006 pending before this Hon’ble Court and consequently acquit the petitioner in the interest of justice.” In view of the settlement entered between the parties concerned, Crl.R.C.M.P.No.1602 of 2011 is allowed and the present revision is also allowed and the accused is acquitted from the charges. ___________________ JUSTICE RAJA ELANGO Date:10.06.2011 Rns