APHC010329632023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY IA No.1 of 2024 in/and CRIMINAL REVISION CASE NO: 625/2023 Between: Bandi Nagamani ...PETITIONER A N D The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 C O M M O N O R D E R This Criminal Revision Case has been filed against the Judgment, dated 03.03.2023, passed in Criminal Appeal No.261 of 2018 by the learned V Additional District and Sessions Judge, East Godavari at Rajamahendravaram, confirming the Judgment, dated 26.07.2018, passed in Calendar Case No.107 of 2017 by the learned Additional Judicial Magistrate of First Class, Ramachandrapuram. 2. A complaint vide C.C.No.107 of 2017 was filed by the respondent No.2/complainant against the petitioner herein/ accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity ‘the NI Act’). After full-fledged trial, vide Judgment, dated 26.07.2018, learned Additional Judicial Magistrate of First Class, Ramachandrapuram convicted the petitioner/accused of the offence punishable under Section 138 of NI Act, in terms of Section 255 (2) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) and sentenced to undergo rigorous imprisonment for a period of two (02) months and to pay a fine of Rs.3,000/- (Rupees three thousand only), in default, shall undergo simple imprisonment for a period of one (01) week for the offence punishable under Section 138 of the NI Act. 3 3. Aggrieved by the said Judgment, petitioner/accused preferred the appeal before the V Additional District and Sessions Judge, East Godavari District at Rajamahendravaram. On reappreciation of entire evidence brought on record, the Appellate Judge, vide Judgment, dated 03.03.2023, confirmed the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner/accused preferred the present Criminal Revision Case. 4. On 06.01.2025, when the matter was taken up, petitioner herein/accused and respondent No.2/complainant are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioner herein/accused and the learned counsel for 2nd respondent herein/complainant identified both parties in the open Court. This Court questioned 2nd respondent herein/complainant with regard to compromise and he categorically stated to that extent that he was voluntarily entered into compromise with the petitioner herein/accused and there is no threat, coercion or undue influence in arriving at the compromise. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In the facts and circumstances of the case, presence of petitioner/accused and respondent No.2/complainant 4 before this Court, was dispensed with for the present. However, today, when the matter is taken up, petitioner herein/ accused and 2nd respondent herein/complainant are present before this Court. 5. In view of the fact that the parties have entered into a compromise and compounded the offence, there is no hindrance to record the same. Accordingly, Judgment, dated 03.03.2023 passed in Criminal Appeal No.261 of 2018 by learned V Additional Sessions Judge, East Godavari at Rajamahendravaram confirming the Judgment, dated 26.07.2018, passed in Calendar Case No.107 of 2017 by the learned Additional Judicial Magistrate of First Class, Ramachandrapuram, is set-aside. Consequently, the petitioner/ accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 6. Accordingly, I.A.No.1 of 2024 and Criminal Revision Case No.625 of 2023 are allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed. ______ _________________ JUSTICE K. SREENIVASA REDDY 9th January, 2025. DNB