THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL REVISION CASE No.642 of 2007 AND CRIMINAL MISCELLANEOUS PETITION No.2689 of 2011 IN CRIMINAL REVISION CASE No.642 of 2007 Between: Y. Suryanarayana … petitioner/petitioner And State of Andhra Pradesh through the Public Prosecutor and another … respondents / respondents THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL REVISION CASE No.642 of 2007 AND CRIMINAL MISCELLANEOUS PETITION No.2689 of 2011 IN CRIMINAL REVISION CASE No.642 of 2007 JUDGMENT: This Criminal Revision Case is filed by the petitioner Y. Suryanarayana-accused, assailing the judgment dated 30.04.2007 in Criminal Appeal No.156 of 2006 passed by the learned Metropolitan Sessions Judge, City Criminal Courts, Hyderabad, confirming the order dated 24.03.2006 in C.C. No.990 of 2001, passed by the learned III-Additional Chief Metropolitan Magistrate, Hyderabad, whereby and whereunder the petitioner-accused was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”). Now, Criminal R.C.M.P. No.2689 of 2011 is filed by both the parties i.e. the petitioner-accused and respondent No.2 – complainant, jointly seeking to permit the complainant to compound the offence against the petitioner-accused stating that they have settled the matter between them outside the Court and towards settlement of the matter, the petitioner-accused paid Rs.15,00,000/- (Rupees fifteen lakhs only) to the complainant-2nd respondent vide Demand Draft No.027979 dated 05.09.2011 of ICICI Bank, Khairatabad, Hyderabad, and as such, the main revision itself may be disposed of, setting aside the conviction and sentence imposed on the accused. The complainant - Dr.Peetambar and the accused- Y.Suryanarayana as well as their counsel are present. The petitioner - accused produced the original driving licence bearing No.DLDAP009273602004 and the respondent No.2 – complainant produced his original PAN Card bearing No. AFUPP4435M, in proof of their identity, and also filed photostat copies of the same into the Court. Further, the complainant and the accused are identified by their respective counsel. On being questioned, the complainant reported that the matter is compromised between himself and the accused outside the Court and the accused paid a sum of Rs.15,00,000/- (Rupees fifteen lakhs only) to him towards settlement of the matter as per the Memorandum of Terms of Compromise filed on 08.09.2011, a photostat copy which along with a photostat copy of the Demand Draft bearing No.027979 dated 05.09.2011 through which amount was paid by the petitioner-accused, are filed into the Court and sought permission of the Court to compound the offence and, consequently acquit the petitioner-accused. In view of the above statement of the complainant and considering the affidavits filed by the parties to that effect and also the Memorandum of Terms of Compromise and as the parties have settled the matter amicably between them out of Court, this Court is of the view that the complainant can be permitted to compound the offence against the accused. Accordingly, Criminal R.C.M.P. No.2689 of 2011 is allowed compounding the offence, under Section 138 of the NI Act, against the accused. As a sequel, the Criminal Revision Case is also allowed and the impugned judgments of conviction and sentence imposed on the petitioner–accused by the Courts below for the offence punishable under Section 138 of the NI Act are set aside, and accordingly, he is acquitted of the same under Section 320(8) Cr.P.C. __________________________ JUSTICE B.N. RAO NALLA Date: 12th September, 2011 KSM