IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY I.A.No.l of 2025 in/and CRIMINAL REVISION CASE No.1244 of 2024 Revision filed under Sections 438 & 442 of BNSS (under Sections 397 & 401 of Cr.P.C), against the Judgment dated 18.07.2022, passed in CrI.A.No. 10/2020, on the file of the Principal District and Sessions Judge, Ananthapuramu, preferred against conviction and sentence passed in C.C.No.1201/2017, vide Calender and Judgment dated 11.12.2019, on the file of the II Special Magistrate, Ananthapuramu, Ananthapuramu District. Between: A Sreenivasa Rao, S/o. A. Govind, aged about 57 years, R/o. D.No.2-45/1, Allapuram, Gannavaram Mandal, Krishna District - 521101. ...Petitioner/Appellant/Accused AND 1. The State of Andhra Pradesh, Rep. by it's Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent 2. G.S.Sankar Rao (Died), S/o. Late Santhaji Rao, Hindu, Aged 75 years. Resident of D.No. 10-368, Sarojini Devi Road, Anantapuramu. 3. Gaddale Sankar Vikram, S/o. G.S.Sankar Rao, Aged 41 years, Hindu, Residing at D.No. 10-368, Sarojini Devi Road, Anantapuramu City. Gaddale Sankar Madhavi Latha Bai, W/o. Rajesh Bandagi, Hindu, Aged 48 years, Resident at Raghavendra Sai Hospital, NearTelugu School, Sadashiva Nagara, Siruguppa, Bellary, Karnataka State. Gaddale Sankar Nirmal Anand Rao, S/o. G.S.Sankar Rao, Hindu, Aged 50 years. Residing at D.No.10-368, Sarojini Devi Road, Anantapuramu City. C.Vasundhara Devi, W/o. G.S.Sankar Rao, Hindu, Aged 77 years. Residing at D.No. 10-368, Sarojini Devi Road, Anantapuramu City. (The Respondent Nos. 3 to 6 were added as Legal Representatives of the deceased Respondent No.2, vide Orders dated 13.06.2022, passed in Crl.M.P.No.240/2022 in Crl.A.No.10/2020, on the file of the Principal District and Sessions Judge, Ananthapuramu) 4. 5. 6. ...Respondents lA NO: 3 OF 2024 Petition under Section 430 R/w 528 of BNSS (under Section 397(1) of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the petitioner on bail, by suspending the sentence passed in C.C.No.1201/2017, vide Calender & Judgment dated 11.12.2019, on the file of the II Special Magistrate, Ananthapuramu, pending disposal of this Revision Petition. lA NO: 1 OF 2025 Petition under Section 147 of N.I.Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court May be pleased to allow the compounding of offence and to set aside the conviction imposed against the petitioner/appellant/accused by the Hon’ble II Special Magistrate Ananthapuramu in C.C.No.1201 of 2017. Counsel for the Petitioner Counsel for Respondent No.1 Counsel for Respondent Nos.3 to 6: Ms.S.Ayesha Azma The Court made the following: : Sri K Chakradhara Srinivas : Public Prosecutor IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY APHC010510372024 050 05!eEi [3327] lA No.l of 2025 in/and Criminal Revision Case No.1244 of 2024 Between: ...PETITIONER A Sreenivasa Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.K CHAKRADHARA SRINIVAS Counsel for the Respondent(S): 1.AYESHA AZMAS 2.PUBLIC PROSECUTOR The Court made the following Common Order: This Criminal Revision Case, has been filed by the petitioner, aggrieved by the judgment dated 18.07.2022 passed in Criminal Appeal No.10 of 2020 on the file of the learned Principal District & Sessions Judge, Ananthapuramu, whereby the conviction and sentence recorded as against the revision petitioner/accused for the offence 2 f punishable under Section 138 of the Negotiable Instruments Act, 1881 in the judgment dated 11.12.2019 in C.C.No.l201 of 2017 on the file of the learned II Special Magistrate, Ananthapuram, were confirmed. 2. It is represented that 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 I.A. No.l of 2025 seeking to permit them to compound the offences and to record the compromise. It is stated by the legal representatives of the defacto 3. complainant in the affidavit filed in support of I.A.No.l of 2025 that as per the advice of the well wishers and family elders of both sides, they compromised the matter. They further stated in the affidavit that there is no coercion, force or misrepresentation from anybody in giving the said affidavit or in compounding the present case and out of their free will and wish, they were giving the affidavit. Today, when the case is called, both the parties are present 4. before this Court. They produced their Aadhar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for respondent Nos.2 to 6 identified both the parties in the open Court. This Court questioned the legal representatives of the de facto complainant with regard to compromise and they have categorically 3 stated to that extent that they have voluntarily entered into compromise with the petitioner herein. The offence alleged is punishable under Section 138 of the 5. Negotiable Instruments Act, 1881. In view of the compromise entered into between the parties, this Criminal Revision Case is allowed, setting aside the conviction and sentence recorded in the judgment dated 11.12.2019 in C.C.No.l201 of 2017 on the file of the learned II Special Magistrate, Ananthapuram, as confirmed in judgment dated 18.07.2022 passed in Criminal Appeal No. 10 of 2020 on the file of the learned Principal District & Sessions Judge, Ananthapuramu. The revision petitioner/accused is found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and accordingly acquitted of the same. Accordingly, lA No.l of 2025 and Criminal Revision Case 6. No. 1244 of 2024 are allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed. SD/-SD/-K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal District and Sessions Judge, Ananthapuramu, Ananthapuramu District. 2. The II Special Magistrate, Ananthapuramu, Ananthapuramu District. 1 3. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 4. One CC to Sri K Chakradhara Srinivas, Advocate [OPUC] 5. One CC to Ms.S.Ayesha Azma, Advocate [OPUC] 6. The Section Officer, Criminal Section, High Court of A.P., Guntur. . 7. Three CD Copies \ *along with the Joint Compromise Memo in I.A.No.l of 2025 in CRLRC No. 1244 of 2012 t i j HIGH COURT TK DATED:28/01/2025 X . H FEB 20?5 ^ . Current oeciion ^ COMMON ORDER I.A.No.1 of 2025 in/and CRLRC.No.1244 of 2024 ALLOWING THE I.A.No.1 of 2025 AND ALLOWING THE CRIMINAL REVISION CASE r / # IN THE HIGH COURT OF AMDHRA PRADESH AT AMARAVATI Crl.R.C.No.a244 OF 2024 BETWEEN: A. Sreenivasa Rao, S/o. A. Govind, aged about 57 years, R/o. D.No.2-45/1, Allapuram, GannavaramMandal, Krishna District -521101. ... Petitioner /Appellant/Accused AND 1. The State of Andhra Pradesh, Rep. by it's Public Prosecutor, High Court of Andhra Pradesh, Amaravati 2. G.S.Sankar Rao (Died), 3. Gaddale Sankar Vikram, S/o. G.S.Sankar Rao, Aged 41 years, Hindu, Residing at D.No. 10-368, Anantapuramu City. 4. Gaddale Sankar Madhavi Latha Bai, W/o. Rajesh Bandagi, Hindu, Aged 48 years. Resident at Raghavendra Sai Hospital, Near Telugu School, Sadashiva Nagara, Siruguppa, Bellary, Karnataka State. Respondent Sarojini Devi Road, 5. Gaddale Sankar Nirmal Anand Rao, S/o. G.S.Sankar Rao, Hindu, Aged 50 years. Residing at D.No. 10-368, Sarojini Devi Road, Anantapuramu City. 6. C.Vasundhara Devi, W/o. G.S.Sankar Rao, Hindu, Aged 77 years. Residing, at D.No. 10-368, Sarojini Devi Road, Anantapuramu City. .. .Respondents 2 to 6 JOINT MEMO 1. It is respectfully submitted that the Petitioner/Accused and Respondents No.3 to 6 herein filed the present joint memo to compound the offences as against the Petitioner/accused under section 138 of N.I.Act and G.S. Shankar Rao is the husband of the 6* respondent and father of the respondents 3 to 5 and they filed C.C No 1201 of 2017 on the file of Hon'ble II special judicial magistrate. Anantapuramu under section 138 of NI Act and the Hon'ble court convicted the petitioners and sentenced to undergo simple imprisonment for a period of 1 year i and to pay fine amount Rs. 10,00,000/-- and in default of paying fine amount, the petitioner shall undergo for simple imprisonment of further 3 months. It is respectfully submitted that the Hon'ble court further directed that out of 2. the fine amount the complainant Late Shankar Rao is entitled to Rs.9,90,000 towards compensation as per section 357(1) Criminal Procedure Code. The petitioner preferred criminal appeal No 10 of 2022 assailing the conviction and sentence imposed in C.C.No 1201 of 2017 and the Hon'ble District and Sessions Judge Anantapuramu by its judgement dated 18-7-2022 dismissed the appeal confirming the judgment passed in C.C No 1201 of 2017 on the file of Hon'ble II Special Judicial Magistrate. It is respectfully submitted that the petitioner presented above revision 3. petition assailing the conviction and sentence imposed by the sessions judge Anantapuramu in Crl.A.No. 10/2022. It is respectfully submitted that Late G.S. Shankar Rao died on 08-01-2021 4. and the right to sue and to be sued surviypd on respondents and there are no other legal representatives except the respondents 3 to 6 and the respondents have received personal notice in above matter and there is no adverse interest between the between the respondents. It is respectfully submitted that Revision Petitioner/ Appellant/ Accused 5. approached the respondents 3 to 6 and requested for amicable settlement and explained his pitiable financial condition and the aliments, paralysis which he is m suffering and as such both parties voluntarily entered into amicable settlement for compounding the offense. 6. The petitioner agreed to pay sum of Rs- 5,50,000 towards full and final settlement out of fine amount of Rs-9,90,000 which is awarded by the courts below towards full and final settlement and the respondents agreed to receive the said amount towards the full satisfaction of the compensation amount awarded by the courts below. 7. The compromise in the aforesaid case is arrived voluntarily and out of their own free will volitation and without any external influence. It is therefore prayed that this Hon'ble court may be pleased to allow the compounding of offense and set aside the conviction imposed against the revision petitioner by the Hon'ble 2nd Special Judicial Magistrate, Anantapur in C.C.No 1201 of 2017 as confirmed by the Hon'ble sessions judge in criminal appeal No 10 of 2020 by its judgement daied 18-07-20202 in the interest of justice. RESPONDENTS PETITIONER ,/ 52^ \ <a.> / ADVOACATEFOR RESPONDENT / ADVOCATE FOR PETITIONER dX (^2J33>S>B J) /