THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2176 of 2010 ORDER: This Criminal Revision Case is filed by the petitioner-accused to set aside the Judgment and Conviction passed against him in C.C.No.604 of 2007 by the learned Special Judicial Magistrate of First Class (for Prohibition and Excise), Kurnool, as confirmed by the learned IV Addl. District & Sessions Judge, Kurnool, in Criminal Appeal No.120 of 2010. Heard both sides. Initially, the petitioner-accused was prosecuted in C.C.No.604 of 2007 by the learned Special Judicial Magistrate of First Class (for Prohibition and Excise), Kurnool, wherein he was convicted under Section 255 (2) Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instrument Act and, accordingly, sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.5,000/- and in default of payment of fine amount, to suffer simple imprisonment for one month. As against the said conviction, the accused preferred Criminal Appeal No.120 of 2010, whereby the learned IV Addl. District & Sessions Judge, Kurnool, on the consideration of the material available on record, vide judgment dated 18.11.2010, dismissed the appeal. Aggrieved thereby, present revision is filed by the petitioner-accused. Today, when the matter is taken up for hearing, both the petitioner and the 2nd respondent-complainant are present and an affidavit duly signed by the 2nd respondent is filed before this Court. When questioned, the 2nd respondent reiterated the contents of the affidavit and stated that the disputes between himself and the accused are settled outside the Court and he had no objection to acquit the petitioner/accused. In view of the fact that the parties have compromised the matter outside the Court and in view of the guidelines laid down by Hon’ble Supreme Court, by exercising inherent powers under Section 482 of the Code of Criminal Procedure, the petitioner can be acquitted. Further, the petitioner and the 2nd respondent are directed to pay an amount of Rs.5,000/- (Rupees Five thousand only), towards costs, before the A.P. Legal Services Authority, Hyderabad, and accordingly they have paid the same before the said Authority vide receipt No.275 dated 12.9.2011. Accordingly, the Criminal Revision Case is allowed and the conviction and sentence imposed by the trial Court and confirmed by the Appellate Court are hereby set aside and, consequently, the petitioner-accused is acquitted of the charge levelled against him. The affidavit of the 2nd respondent filed into Court be made as part of this order. __________________ RAJA ELANGO, J. 12th September, 2011 cbs THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2176 of 2010 (Allowed) 12th September, 2011 cbs