Extracted from the PDF above. The PDF is authoritative.
APHC010006542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
IA No.2 of 2025 in/and CRIMINAL REVISION CASE NO.21 OF 2025
Between:
Karri Devi ...PETITIONER/APPELLANT/ACCUSED
AND
The State of AP., rep. by its PP and another ...RESPONDENT(S)
Counsel for the Petitioner:
1. N SIVA REDDY
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2. MEDAPATI SANTOSH REDDY
The Court made the following: Common Order: This Criminal Revision Case has been filed against the
judgment, dated 28.06.2024, passed in Criminal Appeal No.41 of 2018 by the learned VI Additional Sessions Judge, East
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Godavari at Kakinada, confirming the conviction and sentence imposed by the learned V Additional Judicial Magistrate of First Class, Kakinada, in CC No.300 of 2016 vide judgment dated
09.01.2018.
2. A private complaint has been filed as against the revision petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’). By
judgment dated 09.01.2018, the learned V Additional Judicial Magistrate of First Class, Kakinada, found the revision petitioner herein guilty of the offence under Section 138 of the NI Act, accordingly convicted her of the said offence and sentenced her to undergo Simple Imprisonment for six (6) months and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) and in default of payment of fine amount, she was ordered to undergo simple imprisonment for a period of one month. Against the said conviction and sentence, the petitioner herein filed Criminal Appeal No.41 of 2018 on the file of the learned VI Additional Sessions Judge, East Godavari at Kakinada. The said Criminal Appeal was dismissed by the appellate Court by judgment dated 28.06.2024 confirming the conviction and sentence recorded by the learned Magistrate in CC No.300 of 2016. Against the said
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judgment, the petitioner/accused filed the present Revision Case.
3. Pending the Revision Case, both the parties settled the dispute amicably out of the Court at the intervention of their elders and well wishers. In view of the settlement arrived between both the parties, they filed IA No.2 of 2025 along with joint memo seeking to permit them to compound the offence and to record the compromise.
4. Today, when the case is called, both the revision petitioner and the 2nd respondent/complainant are present before this Court. Both the parties are identified by their respective counsel in the open Court. This Court has questioned the de facto complainant with regard to compromise and he categorically stated to that extent that he voluntarily entered into compromise with the accused and he received an amount of Rs.63,000/- from the revision petitioner herein towards full satisfaction of the aforesaid claim. He further stated that he is not interested to prosecute the case and he has no objection to acquit the accused of the said offence.
5. Therefore, as the parties have entered into a compromise and compounded the offence in terms of Section 147 of the N.I.
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Act, this Criminal Revision Case is allowed setting aside the impugned judgment of conviction and sentence passed against the revision petitioner, who is the accused in the judgment dated 09.01.2018 in C.C.No.300 of 2016 on the file of the V Additional Judicial Magistrate of First Class, Kakinada, which in turn was confirmed in the judgment dated 28.06.2024 in Criminal Appeal No.41 of 2018 on the file of the learned VI Additional Sessions Judge, East Godavari at Kakinada. The revision petitioner, who is accused, is acquitted of the said offence in terms of Section 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. Accordingly, IA No.2 of 2025 in/and Criminal Revision Case No.21 of 2025 are allowed.
7. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed.
_______________________ K. SREENIVASA REDDY, J Date:08.01.2025 Nsr
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
IA No.2 of 2025 in/and Criminal Revision Case No.21 of 2025
Date:08.01.2025 Nsr