YERRAMSETTI KANAKA MAHALAKSHMI v. KONA SRINIVASA RAO
CRLRC/1125/2024 · 2025-01-07
K Sreenivasa Reddy
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32938 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32938 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010518472024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
I.A.No.1 of 2025 In/and CRIMINAL REVISION CASE No.1125 of 2024
Between: Yerramsetti Kanaka Mahalakshmi ...PETITIONER
AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B. Sudhakar Kumar
Counsel for the Respondent(S):
PUBLIC PROSECUTOR
The Court made the following: Common Order: This Criminal Revision Case has been filed against the
judgment, dated 23.09.2024, passed in Criminal Appeal No.73 of 2023 by the learned VIII Additional District and Sessions Judge-cum-Special Court for Trial of Offences against Women, at Rajamahendravaram, confirming the conviction and sentence
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imposed by the learned V Additional Judicial Magistrate of First Class at Rajamahendravaram in C.C.No.577 of 2017 vide
Judgment dated 09.12.2022.
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’) which was taken on file as C.C.No.577 of 2017. By Judgment dated 09.12.2022, the learned V Additional Judicial Magistrate of First Class at Rajamahendravaram, 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 a period of one year and to pay an amount of Rs.3,00,000/-, being the cheque amount, to the complainant towards compensation under Section 357(3) Cr.P.C., in default of payment of compensation to undergo simple imprisonment for a period of three (3) months. Against the said conviction and sentence, the petitioner herein filed Criminal Appeal No.73 of 2023 on the file of the learned VIII Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against Women, Rajamahendravaram. The said Criminal Appeal was dismissed by the appellate Court, by
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judgment dated 23.09.2024, confirming the conviction and sentence recorded by the learned Magistrate in C.C.No.577 of
2017. Against the said judgment, the petitioner/accused filed the present Revision Case.
3. Pending the Revision Case, both the parties have 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.1 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 1st respondent/complainant are present before this Court. Both the parties are identified by their respective counsel in the open Court. This Court questioned the de facto complainant with regard to compromise and he has categorically stated to the extent that he has voluntarily entered into compromise with the petitioner/accused and 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 09.12.2022 in C.C.No.577 of 2017 on the file of the learned V Additional Judicial Magistrate of First Class, Rajamahendravaram, which in turn was confirmed in the
judgment dated 23.09.2024 in Criminal Appeal No.73 of 2023 on the file of the learned VIII Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against women, Rajamahendravaram. 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.1 of 2025 in/and Criminal Revision Case No.1125 of 2024 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:07.01.2025 PKR
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
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IA No.1 of 2025 in/and Criminal Revision Case No.1125 of 2024
Date:07.01.2025 PKR