Research › Search › Judgment

High Court of Andhra Pradesh · body

2021 DAILYLAW 948 (AP)

PAMALA SUPRABHATA REDDY v. Smt.RAYAVARAPU CHANDRIKA

CRLRC/120/2021 · 2026-05-07

Venkata Jyothirmai Pratapa

Criminal Appealbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010066572021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: Between: 1. PAMALA SUPRABHATA REDDY, S/O.RAJAGOPALA REDDY, R/O.FLAT NO.208, 2ND FLOOR, DHARANI HOMES, 3/10, VIDYA NAGAR, GUNTUR DISTRICT. 1. SMT RAYAVARAPU CHANDRIKA, W/O.SRINIVASA RAO, 42 YEARS, R/O.H.NO.4-3, BRODIPET, 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. 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 toAggrieved by the judgment of the court of the XII Additional Sessions Judge, Guntur dated 22 01-2021 in Criminal Appeal No.383 of 2018 who confirmed the judgment and sentence awarded by the II Additiona 19-09-2018 in CC No.20 of 2017 by setting aside to the extent of compensation, petitioner begs to present this Memorandum of Criminal Revision case. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in in the affidavit filed in support of the petition, the High Court may be pleased to 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 120/2021 PAMALA SUPRABHATA REDDY, S/O.RAJAGOPALA REDDY, R/O.FLAT NO.208, 2ND FLOOR, DHARANI HOMES, 3/10, VIDYA NAGAR, GUNTUR DISTRICT. ...PETITIONER AND SMT RAYAVARAPU CHANDRIKA, W/O.SRINIVASA RAO, 42 YEARS, 3, BRODIPET, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. ...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 toAggrieved by the judgment of the court of the XII Additional Sessions Judge, Guntur dated 22 2021 in Criminal Appeal No.383 of 2018 who confirmed the judgment and sentence awarded by the II Additional Junior Civil Judges court, Guntur dated 2018 in CC No.20 of 2017 by setting aside to the extent of compensation, petitioner begs to present this Memorandum of Criminal 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 IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PAMALA SUPRABHATA REDDY, S/O.RAJAGOPALA REDDY, R/O.FLAT NO.208, 2ND FLOOR, DHARANI HOMES, 3/10, VIDYA ...PETITIONER SMT RAYAVARAPU CHANDRIKA, W/O.SRINIVASA RAO, 42 YEARS, THE STATE OF ANDHRA PRADESH, REP.BY ITS 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 toAggrieved by the judgment of the court of the XII Additional Sessions Judge, Guntur dated 22- 2021 in Criminal Appeal No.383 of 2018 who confirmed the judgment and l Junior Civil Judges court, Guntur dated 2018 in CC No.20 of 2017 by setting aside to the extent of compensation, petitioner begs to present this Memorandum of Criminal the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 2 dispense with the requirement of filing certified copy of the Judgment in the Court of the II Additional Junior Civil Judges Court, Guntur dated 19-09-2018 in CC No.20 of 2017 and to pass IA NO: 2 OF 2021 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 grant interim suspension of Judgment and Sentence of Conviction rendered by the II Additional Junior Civil Judges Court, Guntur dated 19-09-2018 in CC No.20 of 2017 as confirmed by the court of the XII Additional Sessions Judge, Guntur dated 22-01-2021 in Criminal Appeal NO.383 of 2018 to the extent of Rigorous Imprisonment for One year, during the pendency of the Criminal Revision case in the interest of justice and to 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 grant permission to the Petitioner/Complainant and the Respondent No.1/Accused herein to compromise the matter in CrI. Appeal No. 383/2018 for the offence punishable under Sec. 138 of N.l. Act on the file of Hon’ble XII Addl. Sessions Judge, Guntur and CrI.R.C. No.120/2021 pending before the Hon’ble A.P. High Court as both the parties have compromised the matter 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 allow the Criminal Revision Case and to set aside the Judgment and Sentence of the court of the XII Additional Sessions Judge, Guntur, dated: 22-01-2021 in Criminal Appeal No. 383/2018 who confirmed the conviction and sentence imposed and however set aside the finding of the trial court i.e., by the Learned II Additional Junior Civil Judge, Guntur to the extent of compensation of Rs. 50,00,000/- was set aside in C.C.20/2017, Dt. 19-09-2018 against the Petitioner / Accused, on the ground of compromise as the complainant have no objection for the same, in the interest of justice and to pass Counsel for the Petitioner: 1. K JYOTHI PRASAD 3 Counsel for the Respondent(S): 1. SRINIVASA RAO NARRA 2. PUBLIC PROSECUTOR (AP) The Court made the following: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 AND 2 of 2026 IN/AND CRIMINAL REVISION CASE NO: 120/2021 COMMON ORDER: This Criminal Revision Case is filed challenging the Judgment dated 22.01.2021 passed in Crl.A.No.383 of 2018 by the learned XII Additional Sessions Judge, Guntur, confirming the Judgment dated 19.09.2018 passed in C.C.No.20 of 2017 by the learned II Additional Junior Civil Judge, Guntur. 2. Heard Mr. K. Jyothi Prasad, learned counsel for the petitioner/accused, Mr. Nara Srinivasa Rao, learned counsel for respondent No.1/de-facto complainant, and Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. I.A.No.1 of 2026 has been filed along with a joint memo by the respondent No.1/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.2 of 2026 is filed by the respondent No.1/de-facto complainant seeking to set aside the Judgment and sentence dated 22.01.2021 passed in Crl.A.No.383 of 2018 by the learned XII Additional Sessions Judge, Guntur, confirming the conviction and sentence imposed by the learned II Additional 5 Junior Civil Judge, Guntur in C.C.No.20 of 2017 dated 19.09.2018, 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 and respondent No.1/de-facto complainant are present before this Court. They produced their respective Aadhaar Cards in proof of their identity and the same are placed on record. Both the learned counsel identified their respective parties in the open Court. The parties submitted that they have voluntarily entered into a compromise and settled the dispute amicably. 6. It is represented that the complainant has received the entire cheque amount in full and final settlement by way of two Demand Drafts for a sum of Rs.14,00,000/- each and that nothing remains due. The present Criminal Revision Case is filed only for the purpose of recording the compromise and to set aside the conviction and sentence imposed against the petitioner/accused. 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.1 of 2026 and I.A.No.2 of 2026 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 6 petitioner/accused shall pay a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the District Legal Services Authority, Guntur. 9. The Secretary, District Legal Services Authority, Guntur, is directed to utilize the said amount for the welfare of children residing in Government Homes/Government Sishu Gruhas, particularly towards purchase of essential items required during the summer season. 10. In default of payment of the aforesaid amount, this Criminal Revision Case shall stand dismissed automatically without further reference to this Court. 11. Consequently, the Judgment dated 22.01.2021 passed in Crl.A.No.383 of 2018 by the learned XII Additional Sessions Judge, Guntur, confirming the Judgment dated 19.09.2018 passed in C.C.No.20 of 2017 by the learned II Additional Junior Civil Judge, Guntur, is hereby set aside. The petitioner/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. 12. Consequently, miscellaneous petitions, if any pending, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.05.2026 KKV 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 AND 2 of 2026 IN/AND CRIMINAL REVISION CASE NO: 120/2021 Date 08.05.2026 KKV