THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.620 OF 2003 & CRIMINAL R.C. No.40 OF 2000 COMMON JUDGMENT: 1 Aggrieved by the order of the learned Sessions Judge, West Godavari at Eluru in Crl.A.No.214 of 1999, dated 18.07.2002, reversing the judgment dated 13.08.1999 in C.C.No.223 of 1997 on the file of the Court of the II Additional Judicial Magistrate of I Class, Tanuku, the de facto complainant filed Criminal Appeal No.620 of 2003. 2 Criminal Revision Case No.40 of 2000 was also preferred by the same de facto complainant aggrieved by the very same judgment dated 13.08.1999 in C.C.No.223 of 1997 on the file of the Court of the II Additional Judicial Magistrate of I Class, Tanuku, where under the learned Magistrate imposed a fine of Rs.12,000/- on the first respondent herein instead of ordering payment of compensation to him. 3 Since these two cases arise out of the very same cause of action, and since the parties between whom the lis is pending are one and the same, these two cases are disposed of by this common judgment. For the sake of convenience the parties are referred to as complainant and accused. 4 After hearing the counsel on either side, this Court felt that the order of acquittal recorded by the Court below is not correct and further this court, after perusing the entire material available on record, felt that the accused has committed the offence punishable under section 138 of the Negotiable Instrument Act. Hence this court directed the parties to appear before this court. Accordingly on 26.02.2009 the complainant as well as the accused were present before the court and stated that they arrived at an amicable settlement and in pursuance of the said settlement, an amount of Rs.50,000/- was directed to be paid to the complainant on or before 05.03.2009 and the matter was adjourned to 06.03.2009. On 06.03.2009 again both parties were present before the court and the complainant stated that the accused had paid the amount of Rs.50,000/- and after hearing both the counsel, this court directed the accused to pay the remaining amount of Rs.17,00,000/- to the complainant in four installments, that is to say, the accused has to pay the entire balance amount of Rs.17,00,000/- to the complainant on or before 30.10.2009. 5 Though the accused did not comply with the order dated 06.03.2009 and paid the entire amount on or before 30.10.2009, he paid the entire amount of Rs.17,50,000/- to the complainant in several installments and the complainant has also agreed the said fact. In that view of the matter, the offence under section 138 of N.I. Act for which the accused is found guilty, is compounded and accordingly the complaint is dismissed. As the accused defaulted in making payments regularly and the complainant was made to appear before the court so many a time, the accused is directed to pay a sum of Rs.7,000/- to the complainant towards costs and the same is paid today itself in the open court by the accused. 6 In the light of the settlement arrived at between the parties and since the entire amount, including costs, is paid by the accused, and in view of the said compounding of the offence and dismissal of the complaint, the complainant is hereby directed to approach the civil court and file relevant applications with regard to full and final settlement and he is further directed not to press any cases pending between the parties in relation to the subject matter of the present cases. 7 Accordingly, both Criminal Appeal No.620 of 2003 and Criminal Revision Case No.40 of 2000 are ordered. ------------------------ 16.11.2009 kvsn