APHC010549302023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Between: 1. PADAMATA SANJEEVA RAO, S/O. SUBBA RAO, AGED 50 YEARS, R/O. K.KOTHAPALEM VILLAGE MOPIDEVI MANDAL, KRISHNA DISTRICT. 1. ARISETTY SURESH KUMAR, S/O. SANKAR RAO AGED 38 YEARS, R/O. KETTEVARAM VILLAGE TENALI DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR HIGH COURT AT AMARAVATI Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of th CriminalRevisionCase, the High Court may be pleased tomay be pleased to set aside the conviction and sentence order dated 25.02.2020 passed in No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali, as confirmed by order dated 29.09.2023 passed in Criminal Appeal No. 100 of 2020 on the file of the XI Additional Sessions Judge, Tenali, Guntur District in the interest of justice. IA NO: 1 OF 2023 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 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 971/2023 PADAMATA SANJEEVA RAO, S/O. SUBBA RAO, AGED 50 YEARS, R/O. K.KOTHAPALEM VILLAGE MOPIDEVI MANDAL, KRISHNA ...PETITIONER AND ARISETTY SURESH KUMAR, S/O. SANKAR RAO AGED 38 YEARS, R/O. KETTEVARAM VILLAGE TENALI MANDAL, GUNTUR THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR HIGH COURT AT AMARAVATI ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of th CriminalRevisionCase, the High Court may be pleased tomay be pleased to set aside the conviction and sentence order dated 25.02.2020 passed in No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali, ated 29.09.2023 passed in Criminal Appeal No. 100 of 2020 on the file of the XI Additional Sessions Judge, Tenali, Guntur District Petition under Section 151 CPC praying that in the circumstances stated affidavit filed in support of the petition, the High Court may be pleased IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PADAMATA SANJEEVA RAO, S/O. SUBBA RAO, AGED 50 YEARS, R/O. K.KOTHAPALEM VILLAGE MOPIDEVI MANDAL, KRISHNA ...PETITIONER ARISETTY SURESH KUMAR, S/O. SANKAR RAO AGED 38 YEARS, MANDAL, GUNTUR THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased tomay be pleased to set aside the conviction and sentence order dated 25.02.2020 passed in No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali, ated 29.09.2023 passed in Criminal Appeal No. 100 of 2020 on the file of the XI Additional Sessions Judge, Tenali, Guntur District Petition under Section 151 CPC praying that in the circumstances stated affidavit filed in support of the petition, the High Court may be pleased 2 may be pleased to suspend the conviction and sentence order dated 25.02.2020 passed in C.C. No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali, as confirmed by order dated 29.09.2023 passed in Criminal Appeal No. 100 of 2020 on the file of the XI Additional Sessions Judge, Tenali, Guntur District pending disposal of the above Revision case in the interest of justice IA NO: 2 OF 2023 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 record the compromise and set aside the conviction and sentence order dated 25.02.2020 passed in C.C. No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali as confirmed by the conviction and sentence order dated 29.09.2023 passed in Criminal Appeal No. 100 of 2020 on the file of the XI Additional Sessions Judge, Tenali in the interest of justice and pass such other order or orders as this Honble court may deem fit and proper in the circumstances of the case as the Petitioner/Accused and the Respondent/Complainant compromised in the interest of justice and pass IA NO: 3 OF 2023 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 permit to compound offence in C.C. No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali and set aside the conviction and sentence order dated 25.02.2020 passed in C.C. No. 212 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Tenali as confirmed by the conviction and sentence order dated 29.09.2023 passed in Criminal Appeal No. 100 of 2020 on the file of the XI Additional Sessions Judge, Tenali in the interest of justice and pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 AND 3 of 2023 IN/AND CRIMINAL REVISION CASE NO: 971/2023 COMMON ORDER: This Criminal Revision Case is filed challenging the Judgment dated 29.09.2023 passed in Crl.A.No.100 of 2020 by the learned XI Additional Sessions Judge, Tenali, Guntur, confirming the Judgment dated 25.02.2020 passed in C.C.No.212 of 2018 by the learned I Additional Judicial Magistrate of First Class, Tenali. 2. Heard Mr.Kambhampati Ramesh Babu, learned counsel for the petitioner/accused, Mr.TSN Sudhakar, learned counsel for respondent No.2/de-facto complainant, and Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. I.A.No.2 of 2026 has been filed along with a joint memo by the respondent No.2/de-facto complainant and the petitioner/accused seeking permission of this Court to record the compromise entered into between the parties in respect of the offence punishable under Section 138 of the Negotiable Instruments Act. 4. I.A.No.3 of 2026 is filed by the respondent No.2/de-facto complainant seeking to set aside the Judgment dated 29.09.2023 passed in Crl.A.No.100 of 2020 by the learned XI Additional Sessions Judge, Tenali, Guntur, confirming the Judgment dated 25.02.2020 passed in C.C.No.212 of 2018 by 4 the learned I Additional Judicial Magistrate of First Class, Tenali., on the ground that the matter has been amicably settled between the parties and the complainant has no objection for acquittal of the petitioner/accused. 5. Today, when the matter is taken up for hearing, the petitioner/accused is present before this Court. He produced his respective Aadhaar Cards in proof of his identity and the same is placed on record. Respondent No.2 is not present before this Court due to ill-health. 6. The learned counsel for the respondent No.1 would submit that complainant received the amount of Rs.2,00,000/- in full and final settlement and nothing remains due and voluntarily entered into a compromise and settled the dispute amicably. 7. Having regard to the submissions made by both parties and considering the fact that the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature, this Court is inclined to accept the compromise entered into between the parties. 8. Accordingly, I.A.No.2 of 2023 and I.A.No.3 of 2023 are allowed. Consequently, the Criminal Revision Case is allowed in terms of the compromise entered into between the parties, subject to the condition that the petitioner/accused shall pay a sum of Rs.10,000/- to the High Court Legal Services Committee, Andhra Pradesh. In turn, the Secretary is directed to utilize this amount for the welfare of the children in the Government Home/Government Sishu Gruha to purchase anything which they require in 5 Summer. In default, this Criminal Revision Case stands dismissed automatically without further reference to this Court. 9. Consequently, the Judgment dated 29.09.2023 passed in Crl.A.No.100 of 2020 by the learned XI Additional Sessions Judge, Tenali, Guntur, confirming the Judgment dated 25.02.2020 passed in C.C.No.212 of 2018 by the learned I Additional Judicial Magistrate of First Class, Tenali, is hereby set aside. The petitioner/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. 10. Consequently, miscellaneous petitions, if any pending, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.05.2026 KKV 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.2 AND 3 of 2023 IN/AND CRIMINAL REVISION CASE NO: 971/2023 Date 07.05.2026 KKV