THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.592 of 2011 And CRIMINAL REVISION CASE No.1692 of 2005 ORDER: The petitioner approaches the Court with a prayer to set aside the Judgment and Conviction passed against him in C.C.No.206 of 2004 by the learned II Additional Judicial Magistrate of First Class, Ongole, as confirmed by the learned I Additional District & Sessions Judge, Ongole, in Criminal Appeal No.19 of 2005. Heard both sides. Initially, the petitioner-accused was prosecuted in C.C.No.206 of 2004 by the learned II Additional Judicial Magistrate of First Class, Ongole, wherein he was convicted under Section 255 (2) Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo Simple Imprisonment for a period of six months and to pay a sum of Rs.20,210/- as compensation to the complainant under Section 357(3) Cr.P.C. vide judgment dated 28.02.2005. As against the said conviction, the accused preferred Criminal Appeal No.19 of 2005 wherein the learned Sessions Judge confirmed the conviction and sentence passed by the learned Magistrate vide impugned judgment and dismissed the appeal. Aggrieved by the same, present revision has been preferred by the petitioner-accused. Today, the matter is taken up for hearing. De facto complainant and petitioner-accused are present. De facto Complainant produced his identity card issued by the Shriram City Union Finance Ltd. In proof of his identity and this Court perused the same. Petition duly signed by both parties along with affidavit is filed before this Court stating that the petitioner herein has paid the entire amount due to the complainant and settled the dispute out side the Court and requesting the Court to compound the offence and set aside the conviction and sentence imposed in C.C.No.206 of 2004. Relevant portion of the affidavit is hereby extracted: “I submit that during the pendency of the above Crl.R.C.No.1692 of 2005 at the intervention of well- wishers the matter has been settled amicably out of the court and as per the terms and conditions of the compromise, I paid the requisite amount in pursuance of the compromise to the first respondent towards full and final settlement and the 1st respondent has received the said amount. In view of the compromise, it is just and necessary to compound the above revision by setting the conviction and sentence imposed in C.C.No.206 of 2004 on the file of the II Addl.J.F.C.M., Ongole, as confirmed in Crl.A.No.19/2005 on the file of the I Additional District and Sessions Judge, Ongole, in the interest of justice.” When questioned also, the de facto complainant reiterated the contents of the affidavit and stated that the petitioner herein paid the amount and the matter is settled outside the Court and he had no objection to quash the proceedings against the petitioner. As the offence alleged against the petitioner-accused is compoundable, and also in view of the fact that the parties have compromised the matter outside the Court, 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 case against the petitioner can be quashed by this Court. Therefore, the Criminal Revision Case is allowed, the conviction and sentence imposed by the trial Court and confirmed by the Appellate Court are hereby set aside and the petitioner-accused is acquitted of the charge levelled against him. _______________ RAJA ELANGO, J. 28th February 2011, Rns.