APHC010286462011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.No.1 of 2025 in/and CRIMINAL REVISION CASE NO: 971 OF 2011 Between: 1. ETIKYALA CHANDRA SEKHAR REDDY, S/O SUBBA REDDY, AGED ABOUT 25 YEARS, BUSINESS, CONTRACTOR OF HANDLING & TRANSPORT OF GOODS R/O P.CHINTAKUNTA VILLAGE, ALLAGADDA MANDAL & TALUQ, KURNOOL DIST. ...PETITIONER AND 1. THE STATE OF A.P, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD. 2. SEELAM RAMA KRISHNA REDDY, S/O LATE SURYANARAYANA REDDY, AGED ABOUT 20 YEARS, CULTIVATION R/O P.CHINTAKUNTA VILLAGE, ALLAGADDA MANDAL & TALUQ, KURNOOL DIST. ...RESPONDENT(S): Revision filed under Section 397 and 401 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present this memorandum of Crl.R.C., aggrieved by the Judgment in Crl.A.No.98 of 2010, dated 21.04.2011 on the file of the III Addl. Sessions Judge, Kurnool at Nandyala, confirming the Judgment in C.C.No.107 of 2005, dated 11.05.2010 on the file of the Judl. Magistrate of First Class, Allagadda. IA NO: 1 OF 2011(CRLRCMP 1443 OF 2011 2 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 release the petitioner on bail after suspending the operation of the sentence imposed in C.C.No.107 of 2005, dated 11.05.2010 on the file of the Judl. First Class Magistrate, Allagadda, which was confirmed in Crl.A.No.98 of 2010, dated 21.04.2011 on the file of the III Addl. Sessions Judge, Kurnool at Nandyala, pending disposal of the Crl.R.C. 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 may be pleased to compromise compound the offence between the parties under Sec. 138 of NI Act and acquit the petitioner the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. CHALLA SIVASANKAR The Court made the following: COMMON ORDER 1. I.A.No.1 of 2025 has been filed by the petitioner/accused, seeking to permit the petitioner/accused and the 2nd respondent/complainant to compromise by compounding the offence against the petitioner in C.C.No.107 of 2005 on the file of Judicial Magistrate of First Class, Allagadda for the offence under Section 138 of N.I. Act. 2. The de facto complainant, who is the 2nd respondent, filed a complaint for the offence under section 138 of the Negotiable Instruments Act, 1881, alleging that on 04.05.2004, the accused borrowed Rs.2,20,000/- in cash from the complainant in the presence of K. Lakshmi Reddy and M. Dastagiri Reddy of P. Chinthakunta village. Despite repeated demands, the accused delayed repayment and, on 28.12.2004, issued a cheque for the aforementioned 3 amount, bearing cheque No.092811, drawn on the State Bank of India, Allagadda branch. The cheque was presented by the complainant but was subsequently returned with an endorsement dated 22.02.2005 stating “funds insufficient.” Thereafter, the complainant issued a legal notice to the accused, who failed to repay the amount and responded with a notice containing false allegations. 3. After considering the material as well as evidence on record, the learned Judicial Magistrate of First Class, Allagadda [for short, “the Trial Court”] vide Judgment dated 11.05.2010 in C.C.No.107 of 2005, convicted the accused and sentenced him to undergo Simple Imprisonment for a period of Six (6) months and ordered to pay compensation of Rs.2,20,000/- to the complainant under Section 357(3) of Cr.P.C. within one month from the date of judgment. In default, he shall suffer simple imprisonment for a term of one month for the offence punishable under Section 138 r/w.142 of N.I.Act. 4. Aggrieved by the Judgment, dated 11.05.2010 in C.C.No.107 of 2005 passed by the Trial Court, the Appellant/Accused preferred an Appeal in Crl.A.No.98 of 2010 on the file of learned III Additional Sessions Judge, Kurnool at Nandyal (for short, “the 1st Appellate Court”) challenging the correctness of the Judgment passed by the Trial Court. By judgment dated 21.04.2011, the learned 1st Appellate Court dismissed the appeal, thereby confirming the conviction and sentence imposed upon the Appellant/Accused by the Trial Court. Pursuant to the impugned judgment, the Petitioner/Accused preferred the present Revision. 5. I have heard both sides and perused the material on record. 6. Today, when the matter was taken up for hearing, the petitioner/accused and the 2nd Respondent/Complainant appeared in person and were identified by their respective counsel. The terms of the compromise, as detailed in the affidavit, were read out and acknowledged as true and correct by all parties. As per the Joint Memo, the complainant stated that the 4 matter has been amicably settled out of court, and an amount of Rs.3,00,000/- has been paid, and he has no objection to allow the present revision. 7. The petitioner has paid an amount of Rs.2000/- (Rupees two thousand only), as directed, towards compounding fee to the Andhra Pradesh High Court Legal Services Committee, Amaravati through Demand Draft No. 631391, dated 26.09.2025, and the receipt has been submitted to the Court. 8. Pursuant to the compromise recorded in I.A.No.1 of 2025, it is stated that both parties have resolved their differences by entered into a Memorandum of compromise. Accordingly, there is no necessity to prosecute the Accused, and the Complainant has no objection to close the case against the Accused. 9. Upon being satisfied with the terms and conditions of the compromise, and in view of the amicable settlement between the parties, I.A.No.1 of 2025, is allowed. Consequently, the Criminal Revision Case is disposed of by setting aside the judgment dated 21.04.2011 in Crl.A.No.98 of 2010 on the file of learned III Additional Sessions Judge, Kurnool at Nandyal, which had confirmed the judgment and sentence passed by the learned Judicial Magistrate of First Class, Allagadda, dated 11.05.2010 in C.C.No.107 of 2005. Accordingly, the Petitioner/Accused is acquitted under Section 320(8) of Cr.P.C., for the offence punishable under Section 138 r/w.142 of Negotiable Instrument Act. The bail bonds of the accused shall stand discharged. Interim orders passed earlier, if any, shall stand vacated and consequently, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T.MALLIKARJUNA RAO Date: 26.09.2025 MS 5 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.No.1 of 2025 In/and Criminal Revision Case No.971 OF 2011 DATE: 26.09.2025 MS