THE HON’BLE SRI JUSTICE G.CHANDRAIAH CRL.RC.MP.NO.2115 OF 2010 IN CRL.R.C.NO.1041 OF 2005 AND CRL.R.C.NO.1041 OF 2005 O R D E R Heard both the counsel. 2. The 1st respondent in the revision, filed private complaint against the petitioner herein under Section 138 of Negotiable Instruments Act in C.C.No.405/2000 on the file of Judicial Magistrate of I Class, Jaggaiahpet. By judgment dated 30.10.2003, the trial court convicted the petitioner under Section 138 of the Act and sentenced him to suffer rigorous imprisonment for four months and to pay a fine of Rs.4,000/- and in default, to suffer two months simple imprisonment. Challenging the same, the petitioner filed appeal in Crl.A.No.173/2003 on the file of IX Additional Sessions Judge, (FTC), Krishna at Machilipatnam. By judgment dated 1.7.2005, the appeal was dismissed and hence the present revision. 3. During the pendency of revision, the petitioner filed the petition in Crl.RC.MP.No.2115/2010 in Crl.R.C.No.1041/2005 with the following averment: “I submit that during the pendency of revision at the intervention of elders and well wishers myself and the 1st respondent compromised and settled the matter out of the court amicably and I paid the amount to the 1st respondent. I submit that the 1st respondent has no objection to compound the offence and acquit the petitioner. Further, the offence u/s 138 of N.I.Act is compoundable offence.” 4. The learned counsel for the parties submitted that the parties have compromised the matter and sought to compound the offence and acquit the petitioner. 5. The parties are also present before this court and they, and as well as their counsel, signed the petition seeking compounding of the offence. 6. In view of the above, the Crl.R.C.M.P.No.2115 of 2010 in Crl.R.C.No.1041 of 2005 is allowed and the offence is compounded and consequently the conviction and sentence imposed by the court below in C.C.No.405/2000 dated 30.10.2003 and as confirmed by the lower appellate court in Crl.A.No.173/2003 dated 1.7.2005, is set aside and the petitioner is acquitted and the criminal appeal is accordingly allowed. AVS -------------------------- 27—08—2010