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2025 DAILYLAW 39255 (AP)

YAGA SRI LAKSHMI v. THE STATE OF ANDHRA PRADESH REP PP ANOTHER

CRLRC/2872/2017 · 2025-02-19

V Srinivas

body2025

Judgment text

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APHC010858242017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS I.A.NO.1 OF 2025 IN/AND CRIMINAL REVISION CASE NO: 2872/2017 Between: Yaga Sri Lakshmi ...PETITIONER AND The State Of Andhra Pradesh Rep Pp Another and Others ...RESPONDENT(S) Counsel for the Petitioner: I V N RAJU Counsel for the Respondent(S): 1. S DILIP JAYA RAM 2. PUBLIC PROSECUTOR (AP) The Court made the following: COMMON JUDGMENT: Assailing the judgment dated 16.10.2017 in Crl.A.No.116 of 2016 on the file of the Court of learned Principal Sessions Judge at Rajamahendravaram, confirming the conviction imposed against petitioner/accused by the judgment dated 17.02.2016 in C.C.No.345 of 2015 on the file of the Court of 2 learned III Additional Judicial Magistrate of First Class at Rajamahendravaram, for the offence under section 138 r/w.142 of Negotiable Instruments Act (hereinafter referred to as “N.I.Act”), the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973 (hereinafter referred to as “Cr.P.C.”). 2. During pending criminal revision case, I.A.No.1 of 2025 along with a joint memo filed by the revision petitioner/accused and 2nd respondent/complainant stating that they settled the matter amicably out of the Court, as such, the 2nd respondent intends to withdraw the complaint against the petitioner. 3. Petitioner/accused and 2nd respondent/complainant appeared before this Court in person and submitted that they have compromised the matter, 2nd respondent/complainant received an amount of Rs.2,34,125/- from the petitioner/accused towards full and final settlement of the Ex.P.1 cheque amount and he has no objection to consider the present revision. Both parties were identified by their respective counsel. 4. Taking into consideration of the above facts and circumstances, after hearing both the parties and both the learned counsel, this Court is of the considered opinion that the 3 petitioner and 2nd respondent/complainant are permitted to compromise the matter, thereby, the application in I.A.No.1 of 2025 is hereby ordered. Consequently, the present criminal revision is liable to be considered. 5. In the result, the Criminal Revision Case is allowed. The conviction and sentence passed against the petitioner/accused, vide judgment dated 17.02.2016 in C.C.No.345 of 2015 on the file of the Court of learned III Additional Judicial Magistrate of First Class at Rajamahendravaram, which was affirmed by the judgment, dated 16.10.2017 in Crl.A.No.116 of 2016 on the file of the Court of learned Principal Sessions Judge at Rajamahendravaram, are hereby set aside. The revision petitioner/accused is acquitted of the offence under Section 138 r/w.142 of N.I.Act. Interim orders granted earlier if any, stand vacated. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________________ JUSTICE V.SRINIVAS Date: 19.02.2025 Krs 4 58 THE HON'BLE SRI JUSTICE V.SRINIVAS I.A.NO.1 OF 2025 IN/AND CRIMINAL REVISION CASE No.2872 of 2017 DATE: 19.02.2025 Krs