APHC010326872026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 20 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 693 of Between: 1. KUTHA PRAKASH REDDY, S/O SURYANARAYANA,AGED52 YEARS,R/O D.NO.2 PITHAPURAM. 1. GANNERU ESWARA RAO, S/O SURYA PRAKASH RAO,AGED47 YEARS, R/O MANGAYAMMARAOPETA, PITHAPURAM. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P., AMARAVATI. Revision filed under Section 397/401 of Cr circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased to dated 23-8-2022 passed in C.C.No. 3 of 2020 by the Additional Judicial First Class Magistrate, Pithapuram which was confirmed by the Judgment dated 16- 09-2025 passed in CrI.A.No. 2 Judge, Pithapuram in the interest of justice 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 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.NO: 1 of 2026 IN/ AND CRIMINAL REVISION CASE NO: 693 of 2026 KUTHA PRAKASH REDDY, S/O SURYANARAYANA,AGED52 YEARS,R/O D.NO.2-3-45, NEAR ADARSHA SCHOOL,KOTHAPETA, ...PETITIONER AND GANNERU ESWARA RAO, S/O SURYA PRAKASH RAO,AGED47 YEARS, R/O MANGAYAMMARAOPETA, PITHAPURAM. STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P., AMARAVATI. ...RESPONDENT(S): Revision filed under Section 397/401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal se, the High Court may be pleased to pleased to set-aside the Judgment 2022 passed in C.C.No. 3 of 2020 by the Additional Judicial First Class Magistrate, Pithapuram which was confirmed by the Judgment dated 2025 passed in CrI.A.No. 262 of 2022 by the XII Additional Judge, Pithapuram in the interest of justice and pass Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 2026 KUTHA PRAKASH REDDY, S/O SURYANARAYANA,AGED52 45, NEAR ADARSHA SCHOOL,KOTHAPETA, ...PETITIONER GANNERU ESWARA RAO, S/O SURYA PRAKASH RAO,AGED47 YEARS, R/O MANGAYAMMARAOPETA, PITHAPURAM. STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC ...RESPONDENT(S): C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision aside the Judgment 2022 passed in C.C.No. 3 of 2020 by the Additional Judicial First Class Magistrate, Pithapuram which was confirmed by the Judgment dated of 2022 by the XII Additional Sessions 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 2 condone the delay of 183 days in filing the present criminal revision case in the interest of justice and 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 to permit the petitioner/Complainant to compromise the above Judgment dated 23-8-2022 passed in C.C.No. 3 of 2020 by the Additional Judicial First Class Magistrate, Pithapuram which was confirmed by the Judgment dated 16- 09- 2025 passed in CrI.A.No. 262 of 2022 by the XII Additional Sessions Judge, Pithapuram and pass IA NO: 3 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 to compound the offences against the Accused/petitioners and record compromise consequently set aside the Judgment dated 23-8-2022 passed in C.C.No. 3 of 2020 by the Additional Judicial First Class Magistrate, Pithapuram which was confirmed by the Judgment dated 16-09-2025 passed in CrI.A.No. 262 of 2022 by the XII Additional Sessions Judge, Pithapuram and pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. TUMATI CHAITANYA PRADEEP 2. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.NO: 1 of 2026 IN/ AND CRIMINAL REVISION CASE NO: 693 of 2026 COMMON ORDER: The Criminal Revision Case has been filed under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) by the Petitioner/Appellant/Accused seeking to set aside the Calendar and Judgment passed by the learned Additional Judicial First Class Magistrate, Pithapuram in C.C.No.3 of 2020, dated 23.08.2022, as confirmed in Criminal Appeal No.262 of 2022, dated 16.09.2025, by the learned XII Additional District and Sessions Judge, Pithapuram. 2. Costs paid. Accordingly I.A.No.1 of 2026 stands allowed. This Court on 13.07.2026 allowed the I.A.Nos. 2 and 3 of 2026. 3. Learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 4. A Joint Memo has also been filed affixing the signatures of the Petitioner and Respondent No.1 as well as their respective Counsels. The Petitioner and Respondent No.1 have amicably settled the matter out of Court in terms of the mutual understanding arrived at between them and the Petitioner/ Accused agreed to pay an amount of Rs. 3,80,000/-. 5. In view of the settlement of the dispute between the Petitioner and Respondent No.1, the Criminal Revision Case is disposed of as compromised. Consequently, the conviction and sentence passed by the learned Additional 4 Judicial First Class Magistrate, Pithapuram in C.C.No.3 of 2020, dated 23.08.2022, as confirmed in Criminal Appeal No.262 of 2022, dated 16.09.2025, by the learned XII Additional District and Sessions Judge, Pithapuram, are hereby set aside. Hence, the Petitioner/Appellant/Accused is acquitted under Section 320(8) of the Code of Criminal Procedure, 1973. 6. The learned counsel for the Petitioner submits that the Petitioner, aged about 52 years, is a small peasant and is unable to bear the costs as directed by the Hon’ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H1 observed that for compounding an offence under the provisions of the Negotiable Instruments Act before the Revisional Court, i.e., the High Court, the Petitioner is required to pay a certain amount towards costs. However, the Hon’ble Apex Court in Madhya Pradesh State Legal Services Authority v. Prateek Jain2 relaxed the rigor of the judgment in Damodar S. Prabhu supra and observed that in appropriate cases, matters can be compounded at the revision stage either on payment of minimal costs or by waiving the costs in suitable cases. 7. Considering the financial conditions of the Petitioner, the payment of costs is waived. 8. Accordingly, the I.A.No.1 of 2026 shall stands allowed, and the Criminal Revision Case is disposed of as compromised. There shall be no order as to costs. 1 (2010) 5 SCC 663 2 (2014) 10 SCC 690 5 As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dated: 20.07.2026 Note:- Issue C.C by 22.07.2026 B/o KK