APHC010531182022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 923/2022 Between: 1. PITHANI RAMA KRISHNA,, S/O SATYANARAYANA, AGE 52 YEARS, EMPLOYEE IN NTPS, R/O G.TYPE-7073, B-COLONY, KONDAPALLI, IBRAHIMPATNAM, NTR DISTRICT, (OLD KRISHNA DIST.) ...PETITIONER AND 1. THE STATE, REP. BY ITS PUBLIC PROSCUTOR AT HIGH COURT OF A.P. NELAPADU, TULLUR MANDAL, GUNTUR DIST. 2. J MOHANA RAO, S/O PULLA RAO, AGE 51 YEARS, R/O D.NO.1-68/1, BRILLIANT SCHOOL ROAD, A.COLONY, IBRAHIMPATNAM, NTR DISTRICT, (OLD KRISHNA DIST.) ...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 pleased to call for the records made in CrI.A.No.56 of 2019 dt.29-08-2022 on the file of the V Additional Metropolitan Sessions Judge, Vijayawada dismissing the appeal and confirming the sentence imposed in C.C.No.1251 of 2016 by the Court of III Metropolitan Magistrate, Vijayawada dt. 26-02-2019, pending disposal of the criminal Revision Case and pass IA NO: 1 OF 2022 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 2 pleased to dispense with filing of the original certified copy of C.C.No. 1251 of 2016, dated 26-02-2019 on the file of III Metropolitan Magistrate , Vijayawada before this Hon'ble Court and pass IA NO: 2 OF 2022 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 Enlarge the Petitioner on Bail by suspending the conviction and sentence imposed in CrI.A.No. 56 of 2019 dated 29-08-2022 on the file of the V Additional Metropolitan Sessions Judge, Vijayawada dismissing the appeal and confirming the sentence imposed in C.C.No.1251 of 2016 on the file of Court of III Metropolitan Magistrate, Vijayawada dt. 26-02-2019 pending disposal of the Criminal Revision Case and pass IA NO: 3 OF 2022 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 extend the time for further 8 weeks to comply the condition of depositing the amount of 20% of the cheque amount orders passed in I.A.No.2 of 2022 in Crl.R.C.No.923 of 2022 dt. 30-09-2022 this Hon'ble Court and pass 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 pleased to vacate the interim suspension of sentence in the above CC.No. 1251/2016 on the file of the Honourable III Metropolitan Magistrate at Vijayawada, passed in IA.No. 2/2022, dated 30-09-2022 and pass 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 enlarge the petitioner on Bail by suspending the conviction and sentence imposed in Crl.A No.56 of 2019 dated 29-08-2022 on the file of the V Additional Metropolitan Sessions Judge, Vijayawada dismissing the appeal and confirming the sentence imposed in CC.No. 1251 of 2016 on the file of Court of III Metropolitan Magistrate, Vijayawada dt. 26-02-2019 pending disposal of the Criminal Revision Case and pass IA NO: 3 OF 2023 3 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 the Petitioner to withdraw the amount of Rs. 1,20,000/ (Rupees One Lakhs Twenty Thousand only) deposited by the Respondent No.1 in the court below through 1) F.D.R No. 1717 Dt. 10.07.2023, with an amount of Rs. 40,000/- 2) F.D.R No1719 Dt. 10/07/2023, with an amount of Rs.40,000/-,3)F.D.R No. 10.07.2023, Dt. 10.07.2023, with an amount of Rs.40,000/-, herein to the credit of C.C.No.l251 of 2016 on the file of the III Metropolitan Magistrate at Vijayawada, pending disposal of the above Crl.R.C. No.923 of 2022 and pass IA NO: 1 OF 2024 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 post the CRLRC No. 923 of 2022 for " FOR BEING MENTIONED" and amend the FDR No. 1720 Instead of 10-07-2023 and pass Counsel for the Petitioner: 1. K VISWANATHAM Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. CHUKKA HARIKA 4 The Court made the following Order: The present Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C., assailing the Judgment dated 29.08.2022 passed in Criminal Appeal No.56 of 2019 by the learned V Additional Metropolitan Sessions Judge, Vijayawada, confirming the conviction and sentence imposed in C.C. No.1251 of 2016 by the Court of the III Metropolitan Magistrate, Vijayawada, vide Judgment dated 26.02.2019. 2. Heard Mr. K. Viswanatham the learned counsel for the petitioner and Mr. K. Sandeep, learned Assistant Public Prosecutor. 3. The petitioner and respondent No.2 are present. 4. The petitioner and respondent No.2 have entered into a compromise. The petitioner has paid an amount of Rs.6,00,000/-, which is covered under the disputed cheque, in several instalments. Towards the last and final instalment, an amount of Rs.30,000/- has been paid by the petitioner to respondent No.2. 5. The petitioner urges that he is aged about 62 years and suffering from several ailments and he is unable to pay the amount towards costs. In terms of the law laid down by the Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H.1 ; M.P. State Legal Services Authority v. Prateek Jain2 ; Sanjay Biji Tari v. Kishore S. Borcar and Another 3 ; and Rajeev Khandelwal v. State of Maharashtra & Anr., Criminal Appeal No. 4793 of 2025 (arising out of SLP (Crl.) No.14340 of 2025), decided on 04.11.2025, having regard to the facts and circumstances of the case, the submission of the petitioner/accused is considered. 7. Accordingly, the Criminal Revision Case is disposed of as compromised. 1 (2010) 5 SCC 663 2 (2014) 10 SCC 690 3 2025 SCC OnLine SC 2069 5 As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 16.06.2026 DSV 6 74 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 923/2022 Dt: 16.06.2026 DSV 7 HIGH COURT OF ANDHRA PRADESH: AMARAVATI MAIN CASE No: CRIMINAL REVISION CASE NO: 923 of 2022 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 26. 16.06.2026 Dr.YLR, J The Criminal Revision Case is disposed of as compromised. (vide separate order) ________ Dr.YLR, J DSV 8