HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1149 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the judgment dated 18.07.2008, passed by the III Metropolitan Magistrate, Visakhapatnam, in C.C.No.953 of 2006, as confirmed by the IX Addl. Sessions Judge (Fast Track Court), Visakhapatnam, by judgment dated 13.10.2010, in Crl.R.P.No.64 of 2008. The petitioner herein was prosecuted in C.C.No.953 of 2006 for the offence punishable under Section 138 of the Negotiable Instruments Act (for short “the Act”). After due trial, the learned III Metropolitan Magistrate, Visakhapatnam convicted the petitioner and accordingly sentenced him to undergo simple imprisonment for three months and to pay a sum of Rs.1,00,000/- to the complainant 2nd respondent herein as compensation, vide judgment dated 18.07.2008. As against the said conviction, the petitioner filed Criminal Revision Petition No.64 of 2008 on the file of the IX Addl. Sessions Judge (Fast Track Court), Visakhapatnam and the learned Sessions Judge, after re-appreciation of both the oral and documentary evidence, dismissed the revision, while confirming the judgment of the trial Court, vide judgment, dated 13.10.2010. Challenging the same, the petitioner preferred this criminal petition. Heard both sides. It is submitted by the learned counsel for the petitioner as well as the 2nd respondent-complainant that during pendency of the criminal petition, at the intervention of elders and well wishers, the matter was compromised between the parties and to that effect they filed a Memo before this Court seeking to compound the offence and to acquit the petitioner. Therefore, they prayed to allow the criminal petition. The petitioner and the 2nd respondent are present before this Court. The 2nd respondent produced his identity and the same is verified the by the learned Addl. Public Prosecutor. He stated that on the advice of elders and well-wishers, himself and the petitioner have compromised the matter out of Court and he has received the amount towards full and final settlement of the dispute and therefore he intends to compound the offence with free will and consent and there is no coercion or undue influence from any other side for the same. In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against the petitioner would serve no purpose and, by invoking the provisions under Section 482 Cr.P.C, the offence can be compounded. Accordingly, the Criminal Petition is allowed and the conviction and sentence recorded against the petitioner-accused for the offence under Section 138 of the Act in C.C.No.953 of 2006 by the III Metropolitan Magistrate, Visakhapatnam, by judgment dated 18.07.2008, as confirmed by the IX Addl. Sessions Judge (Fast Track Court), Visakhapatnam, in Crl.R.P.No.64 of 2008, by judgment dated 13.10.2010, are hereby set aside and consequently the petitioner-accused is acquitted of the said offence. The Memo filed by both the parties be made as part of this order. Miscellaneous Petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 8th April, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1149 of 2011 (Allowed) 8th April, 2011 CBS