Madala Bosu Babu vs The State Of A P & Anr.

I.A.No.3 of 2026 is filed seeking compromise between petitioner and 2^nd respondent.

Heard learned counsel for petitioner as well as learned counsel for 2^nd respondent and learned Assistant Public Prosecutor represents for 1^st respondent.

I.A.No.3 of 2026 accompanied by affidavit filed by the revision petitioner/accused, also a separate affidavit by de facto complainant/2^nd respondent, and a joint memo also signed between the parties, signature of the petitioner as well as the de facto complainant was duly attested by learned Advocate on record.

De facto complainant namely Muppala Nirmal Prasad and petitioner/accused namely Madala Bosu Babu, appeared personally before this Court. On enquiry, de facto complainant submits that the dispute between themselves has been settled out of the Court, in terms of such settlement, they filed the joint memo. He further submits that he signed affidavit without any pressure or compulsion, moreover, he voluntarily proceed to compromise the matter. He further states that he has no objection if petitioner set at liberty.

Having heard the petitioner and the de facto complainant/2^nd respondent in this matter, I.A.No.3 of 2026 appears to be bonafide and requires to be entertained.

The instant Criminal Revision Case has been preferred challenging order of conviction and sentence against the petitioner/accused recorded by learned trial Court for the offence punishable under Section 138 of N.I.Act, further it was confirmed by appellate Court.

The offence punishable under Section 138 of N.I.Act is compoundable under Section 147 of N.I.Act.

The compounding can be made on consent of complainant at any stage of the proceedings. Since accused and complainant compromise the dispute outside the Court and complainant has active consent for compromise, so, it is necessary to record such compromise to compound the offence.

Under the above observation, I.A.No.3 of 2026 is considered and allowed. Offence punishable under Section 138 of N.I.Act, conviction and punishment thereof against the petitioner is hereby compounded interms of affidavit and joint memo in I.A.No.3 of 2026. Thereby, the conviction and sentence passed by learned trial Court confirmed by the learned appellate Court against petitioner punishable under Section 138 of N.I.Act is hereby set aside being compounded.

The petitioner is hereby acquitted from this case.

The sureties standing in his favour also released.

Accordingly, the instant Criminal Revision Case is disposed of. Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed.