APHC010518472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 1171/2024 Between: Mothe Chinna Srinivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V NITESH Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. PHANI KIRAN.M The Court made the following: COMMON ORDER: This Criminal Revision Case, has been filed by the petitioner, aggrieved by the judgment dated 06.7.2022 passed in Criminal Appeal No.71 of 2020 on the file of the learned II Additional District and Sessions Judge, Kadapa at Proddatur, whereby the conviction and sentence recorded as against the revision petitioner/accused for the offence punishable u/Sec.138 of the Negotiable Instruments Act, 1881 in the judgment dated 26.02.2020 2 in C.C.No.75 of 2017 on the file of the learned II Additional Judicial Magistrate of First Class, Proddatur, were confirmed. 2. It is represented that 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 I.A. No.2 of 2024 seeking to permit them to compound the offences and to record the compromise. 3. It is stated by the complainant in the affidavit filed in support of I.A.No.2 of 2024 that as per the advice of the well wishers and family elders of both sides, they compromised the matter. It is 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. 4. Today, when the case is called, both the parties are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for respondent No.2 identified both the parties in the open Court. This Court questioned the complainant with regard to compromise and he categorically stated to that extent that he voluntarily entered into compromise with the petitioner herein. 3 5. The offence alleged is punishable under Section 138 of the Negotiable Instruments Act, 1881. In view of the compromise entered into between the parties, there is no hindrance to record the compromise. Accordingly, this Criminal Revision Case is allowed, setting aside the conviction and sentence recorded in the judgment dated 26.02.2020 in C.C.No.75 of 2017 on the file of the learned II Additional Judicial Magistrate of First Class, Proddatur, as confirmed in judgment dated 06.7.2022 passed in Criminal Appeal No.71 of 2020 on the file of the learned II Additional District and Sessions Judge, Kadapa at Proddatur. The revision petitioner/accused is found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and is accordingly acquitted of the same. 6. Accordingly, IA No.2 of 2024 and Criminal Revision Case No.1171 of 2024 are allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed. _____________________________ JUSTICE K.SREENIVASA REDDY Date: 02.01.2025 RD 4 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY I.A.No.2 of 2024 in/and CRIMINAL REVISION CASE No.1171 of 2024 Dated 02.01.2025 RD