APHC010248802008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1738/2008 Between: 1. KOLASANI RADHAKRISHNA ,, S/O. NAGESWARA RAO, BUSINESS, R/O. TELAGAPALEM, PONNUR MUNICIPALITY, GUNTUR DISTRICT. ...PETITIONER AND 1. SRINIVASA AUTO FINANCIERS AND ANOTHER, REPBY ITS MANAGING PARTNER, MOVVA RAMA SESHAGIRI RAO, S/O. NAGABHUSHANAM, AGED 65, BUSINESS, R/O. SRIRAMNAGAR, NIDUIBROLU, PONNUR MNADAL, 2. THE STATE OF A P, REP.BY PUBILC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to Aggrieved by the Judgment of learned I Addl. District and Sessions Judge, Guntur in Crl.A.ppeal No.137 of 2008 dated 25.11.2008 dismissing the Appeal and confirming the Judgment of learned Additional Junior Civil Judge, Ponnur in CC.No. 254 of 2004 dated 04.04.2008 convicting the petitioner of the offence under section 138 of Negotiable Instruments Act and sentencing him to 3 months simple imprisonment and to pay a fine of Rs.3,000/- in default to uner go Simple Imprisonment for one month, the petitioner begs to prefer the Memorandum of Criminal Revision Case IA NO: 1 OF 2008(CRLRCMP 2379 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Criminal Addl. Dist and Sessions Judge, Guntur in Crl.Appeal No.137 of 2008 dated 25.11.2008 , it is prayed that this Hon'ble Court may be pleased to enlarge the Petitioner on bail, pending disposal of the above Criminal Revision Case 2 IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Re-call the Warrant order dated 14-2- 2025 in Criminal Revision Case No. 1738 of 2008 in the interest of justice and to pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with the filing of the Certified Copy of the order dated: 14.02.2025 in CRLRC No. 1738 of 2008 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit me to file an application to compound the Judgment in CrI Appeal No 137 of 2008 dated 25 .11. 2008 on the File of 1st AddI District and Sessions Judge Guntur dismissing the Appeal and confirming the Judgment of learned Additional Junior Civil Judge Ponnur in CC No 254 of 2004 dated 04. 04. 2008 and to pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to compound compromise the proceedings acquittal in Judgment in CrI Appeal No 137 of 2008 dated 25 .11. 2008 on the File of 1st AddI District and Sessions Judge Guntur dismissing the Appeal and confirming the Judgment of learned Additional Junior Civil Judge Ponnur in CC No 254 of 2004 dated 04. 04. 2008 and to pass Counsel for the Petitioner: 1. SRIDHAR TUMMALAPUDI Counsel for the Respondent(S): 1. G JHANSI 2. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.No.1 of 2026 and I.A.No.2 of 2026 In/And CRIMINAL REVISION CASE NO: 1738/2008 COMMON ORDER: 1. I.A.No.01 of 2026 is filed seeking permission to file application for compounding the instant Criminal Revision Case. 2. I.A.No.02 of 2026 is filed for recording the compromise to compound the offence. 3. The instant Criminal Revision Case has been preferred against order of conviction and sentence passed in C.C.No.254 of 2004 by learned Additional Junior Civil Judge, Ponnur which was confirmed by learned Appellate Court in Crl.A.No.137 of 2008. The petitioner was convicted under section 138 of Negotiable Instruments Act, 18811 (For brevity ‘the N.I.Act’). 4. At the stage of the instant Criminal Revision Case, both parties have filed an application for compromise vide I.A. No. 2 of 2026. Perused the application. The petitioner, Kolasani Radha Krishna, S/o Nageswararao, and defacto-complainant, Srinivasa Auto Financiers, represented by its Managing Partner, Movva Rama Seshagiri Rao, S/o Nagabhushanam, appeared before this Court. On enquiry, the defacto-complainant submitted that he has received the amount and has signed the compromise application of his own accord, without any compulsion. He further submitted that he has no objection to the petitioner being released. 5. Having heard learned counsels for the parties. 6. Considering I.A. Nos. 1 and 2 of 2026, it appears that the offence punishable under Section 138 of the N.I. Act is liable to be compounded in 1 The N.I.Act,1881 4 terms of the compromise. Accordingly, the applications in I.A. Nos. 1 and 2 of 2026 are considered and allowed. 7. The offence punishable under Section 138 of the N.I. Act is compoundable in nature. Compromise has been affected between the parties. Accordingly, the order of conviction recorded against the present petitioner in C.C. No. 254 of 2004 by the learned Additional Junior Civil Judge, Ponnur, and confirmed by the learned I Additional District and Sessions Judge, Guntur, in Crl. A. No. 137 of 2008, is hereby set aside as compounded. Consequently, the present petitioner is acquitted of the case. The sureties are also released. 8. Under the above observations, the Criminal Revision Case is disposed of. Consequently, pending miscellaneous applications, if any, shall stand closed. __________________________ JUSTICE SUBHENDU SAMANTA Dated:01.05.2026. SSA