THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.466 of 2005 JUDGMENT: This Criminal Revision Case is filed by the petitioner-accused against the judgment, dated 16.3.2005 passed by the VII Additional Sessions Judge, Hyderabad in Crl.A.No.288 of 2004 confirming the judgment passed by the XVI Metropolitan Magistrate, Hyderabad in C.C.No.3 of 2003 dated 29.9.2004. The petitioner-accused was tried by the trial Court for the offence under Section 138 of the Negotiable Instruments Act and convicted and sentenced to suffer simple imprisonment for a period of six months and to pay a fine a fine of Rs.2,000/- in default to suffer simple imprisonment for a period of two months. Challenging the same, the petitioner-accused filed appeal viz., Crl.A.No.288 of 2004 and the lower appellate Court confirmed the conviction and sentence imposed by the lower appellate Court. Aggrieved by the same, the petitioner-accused filed the present revision. On 8.4.2011, as there was no representation on behalf of the petitioner in spite of listing the matter under the caption of dismissal, this Court dismissed this revision for default. Now, this matter has come up before this Court under the caption “for compromise”. The learned Counsel for the petitioner-accused as well as the respondent-complainant submitted that the parties entered into compromise and the entire cheque amount was paid to the complainant. The Complainant is also present before this Court and informed that the petitioner-accused paid the cheque amount. It is also represented by the Counsel for the petitioner-accused that in pursuance of dismissal of the Criminal Revision Case on 8.4.2011, the petitioner-accused was sent to prison recently and she is undergoing imprisonment and therefore, she could not file the application for restoration of the revision. In view of the above reason, which appears to be bonafide one, and in view of the statement made by the complainant and both the Counsel and in view of the fulfillment of the claim made under the cheque in question, without going into the technicalities, the order dated 8.4.2011 in this revision is recalled and the revision is restored to file and the compromise entered into between the parties, is recorded. In the result, the Criminal Revision Case is allowed setting aside the conviction and sentence recorded by the Courts below against the petitioner-accused for the offence under Section 138 of the Negotiable Instruments Act in view of the compromise entered into between the parties. The fine amount, if any paid, shall be refunded to the petitioner-accused. The petitioner-accused shall be released forthwith, if she is not required in any other crime. _____________ RAJA ELANGO, J 19th December, 2012 Nn THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.466 of 2005 19.12.2012 Nn