IN THE HIGH COURT OF ANDHRA PRADESH IN AMARAVATI TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI I.A No. 2 of 207fi PRATAPA IN/AND CRIMINAL REVISION CASE NO: 864 OF 7noA Revision filed under Sections 397 & 401 of CrPC, praying that in the in support of the Criminal may be pleased to set aside the passed in CrI.A No. 175 of 2023 circumstances stated in the affidavit filed i Revision Case, the High Court sentence/judgment dated 03-05-2024 the file of the VI Additional District wherein on and Sessions Judge (FTC), Bapatia Appellate Judge the learned sentence/judgment dated 14-07-2023 in C.C.No.607 of 2016 on the file of the Additional Judicial Magistrate of I Class Between: confirmed the was Bapatia. Kondeti Venkata Siva Shankar, S/o Subbarao Hawker, R/o D.No.4-1-2014/A, S.N.P. Agraharam, aged about 46 years, Bapatia. ...ACCUSED / PETITIONER AND 1. The State Of Andhra Pradesh, Rep by its Public Prosecutor, of A.P., Amaravati. High Court 2. Bolisetty Ramesh Babu, S/o Koteswara Rao Finance Business, R/o D.No.8-2/1 aged about 50 years. Patel Nagar, Bapatia. ..COMPLAINANT/RESPONDENTS lA NO: 2 OF 2025 Petition under Section 147 of Nl Act r/w 528 of BNSS,2023,prayin g that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromise by allowing the Crl.R.C.No.864 of 2024 arising out of C.C.No.607 of 2016, dated 14-07-2023 on the file of the Additional Judicial Magistrate of I Class, Bapatia, and acquit the petitioner in the interest of justice Between: Bolisetty Ramesh Babu, S/o Koteswara Rao, Aged about 50 years Finance Business, R/o. D.No. 8-2/1, Patel Nagar, Bapatia, Bapatia District. ...Petitioner/Respondent And 1. Kondeti Venkata Siva Shankar, S/o Subbarao, Aged about 46 years. Hawker, R/o. D.NO. 4-1-2014/Aj, S.N.P. Agraharam, Bapatia, Bapatia District. ...Respondent/Petitioner 2. The State of Andhra Pradesh, Rep., by its Public Prosecutor, High court of A.P., Amaravathi. ...Respondent/Respondent Counsel for the Petitioner : SRI N. A. RAMACHANDRA MURTHY Counsel for the Respondent No.2 : PUBLIC PROSECUTOR The Court made the following: % APHC010385312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A.No.2 of 2025 IN/AND CRIMINAL REVISION CASE NO: 864/2024 Between: KONDETI VENKATA SIVA SHANKAR, S/0 SUBBARAO, AGED ABOUT 46 YEARS. HAWKER, R/0 D.NO.4-1-2014/A, S.N.P. AGRAHARAM, BAPATLA. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI. 2 BOLISETTY RAMESH BABU, S/0 KOTESWARA RAO, AGED ABOUT 50 YEARS. FINANCE BUSINESS, R/0 D.NO.8-2/1, PATEL NAGAR, BAPATLA. ...RESPONDENT(S): Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR The Court made the following: COMMON JUDGMENT: The Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner / Accused, seeking to set aside the judgment dated 03.05.2024 passed in Crl.A.No.175 of 2023 on the file of the Court of VI Additional District and Sessions Judge(FTC), Bapatia which was passed confirming the judgment dated 14.07.2023 in C.C.No.607 of 2016 on the file of the Court of Additional Judicial Magistrate of First Class, Bapatia for the offence under Section 138 of the Negotiable Instruments Act. 2 2. I.A.No.2 of 2025 is filed by the Petitioner/Respondent No.2 seeking record the compromise by allowing the present Criminal Revision Case. 3. Accused and Respondent No.2 appeared before this Court and Identified by their respective learned counsel. Copies of their Aadhar attested by their respective counsel are filed for proper identification. Learned Additional Public Prosecutor is in attendance. 5. Respondent No.2 by way of an affidavit would submit that the Accused has paid an amount of Rs.80,000/- to him towards full and final settlement of the cheque amount. As such, he agreed to the proposal of the Accused for compromising the matter and prays for allowing the present Criminal Revision Case. Both parties filed a joint memo to that effect. 6. Considering the submissions, in the interests of justice, I.A.No. 2 of 2025 is allowed. Consequently, the Criminal Revision Case is allowed setting aside the judgment dated 03.05.2024 passed in Crl.A.No.175 of 2023 on the file of the Court of VI Additional District and Sessions Judge(FTC), Bapatia and the Accused in C.C.No.607 of 2016 on the file of the Court of Additional Judicial Magistrate of First Class, Bapatia for the offence under Section 138 the Negotiable Instruments Act is hereby acquitted. to were cards 4. of As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. RAMESH BABU DEPU REGISTRAR //TRUE COPY// SECTION OFFICER To, Guntur Disl'ricT®' Sessions Judge (FTC), Bapatia, 3.' one ccio SrtN A'RanTac^inrM^l^ 4 Two rr tn D Murthy, Advocate [OPUCl Araravafhi [o“t1 p‘adesh'at ^ 5. Three CD Copies •Almg with Joint memo filed in IA.No,2/2025 in CRLRC 864 of 2024 Cnr HIGH COURT MV DATED: 11/03/2025 COMMON JUDGMENT lA No.2 OF 2025 in/and CRLRC.No.864 of 2024 tP g 02 APR 2025 Current Section . ^ ALLOWING THE lA No.2 OF 2025 in/and CRLRC.No.864 of 2024 ALLOWING THE CRLRC Cnr HIGH COURT OF ANDHRA PRADESH AT AMARAVATI OF 2025 I.A.NO. IN OF 202^ CRL.R.C.No. 864 BETWEEN: Kondeti Venkata Siva Shankar S/o Subbarao, aged about 46 years. Hawker, R/o D.No.4-1-2014/A, S.N.P. Agraharam, Bapatia, Bapatia District. .. .Petitioner/Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravathi. 2. Bolisetty Ramesh Babu S/o Koteswara Rao, aged about 50 years. Finance Business, R/o D.No.8-2/1, Patel Nagar, Bapatia, Bapatia District. Respondent/Respondent JOINT MEMO In the above case, both the petitioner and the 2"^^ Respondent entered into compromise and accordingly both of them filed affidavits for compromise and as per the compromise entered Respondent agreed to receive Rs.80,000/- towards full and final settlement and accordingly agreed to In view of nd between them the 2 compromise the matter. Hence, this joint memo, compromise this Honorable court may be pleased to record compromise and acquit the petitioner for offence under section 138 of N.I Act, convicted through judgment dt.14-07-2023 in 'U- ip C.C.No.607 of 2016 in the court of the Addl. Judicial Magistrate of I in judgment dt.03-05-2024 in the court of the VI Addl. District Class, Bapatia and conformed in Crl.A.No.l75 of 2023 and Sessions Judge (FTC), Bapatia and pass such other order or orders in the circumstances of the case and in the interest of justice. Hence, this Joint Memo. AMARAVATI DATE: -03-2025 Counsel for Petitioner V. 2'^'^ Respondent Counsel for •2'^'^ Respondent Cnr