IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 2123 OF 2009 Revision .filed under Section 397 & 401 of Cr.P.C, against the i; ‘ Judgment dt. 1ft-12-2009 in CrI.A.No. 145 of 2008 on the file of the Court of Principal Sessions Judge, West Godavari, Eluru, as confirmed by the J.F.C.M., Chinthalapudi in CC.No. 115 of 2006, dt. 08-07-2008. Between: Alla Venkata Subbarao, S/o Veeraraghav'ulu, Aged about 38 years, Occ; Cultivation, R/o Munduru Village, Pedavegi Mandal, West Godavari District. ...Petitioner / Appellant / Accused AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...Respondent *: ' 2. M/s Laksl^mi Traders,- Sethanagaram, rep. by its Proprietor / Managing Partner, Adapa Sambasiva Rao, aged 32 Yrs., Occ: Business, S/o Ramarao, R/o Sethanagaram Village, Chintalapudi Mandal, West Godavari District. ...Respondents / Respondent / Complainant Counsel for the Petitioner :SRI. B P RAJU Counsel for the Respondent No.2 : SRI. K J V N PUNDAREEKAKSHUDU Counsel for the Respondent No.1 : PUBLIC PROSECUTOR The Court made the following: (t A APHC010507702009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 2123/2009 Between: Alla Venkata Subbarao ...PETITIONER AND The State of AP, Rep. by its PP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BPRAJU Counsel for the Respondent(S): 1. K J V N PUNDAREEKAKSHUDU 2. PUBLIC PROSECUTOR The Court made the following: SRK,J Cn.R.C.No.21.?3of2009 ORDER This Criminal Revision Case has been filed against the Judgment, dated 15.12.2009, passed in Criminal Appeal No.145 of 2008 by the learned Principal Sessions Judge, West Godavari District at Eluru, confirming the Judgment, dated 08.07.2008, passed in Calendar Case No.115 of 2006 by the learned Judicial Magistrate of First Class, Chintalapudi. 2. A complaint vide Calendar Case No.115 of 2006 was filed by the respondent No.2/complainant against the petitioner herein/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity ‘the Nl Act’). After full- fledged trial, vide Judgment, dated 08.07.2008, learned Judicial Magistrate of First Class, Chintalapudi, convicted the petitioner/ accused of the offence punishable under Section 138 of Nl Act, in terms of Section 255 (2) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) and sentenced him to undergo simple imprisonment for a period of nine (09) months and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, he was directed to suffer simple imprisonment for a period of three (03) months, with the benefit of Section 428 CrPC against substantial sentence only. 3 SRK, J Cr1.R.C-No.2123 of 2009 3. Aggrieved by the said Judgment, petitioner/accused preferred the Criminal Appeal No. 145 of 2008 before the learned Principal Sessions Judge, West Godavari at Eluru. On reappreciation of entire evidence brought on record, the Appellate Judge, vide Judgment, dated 15.12.2009, confirmed the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner/accused preferred the present Criminal Revision Case. On 05.03.2025, when the matter was taken up, this Court observed that the Criminal Revision Case was filed against concurrent findings, of the Courts below, recording conviction of the 4. offence punishable under Section 138 of the Nl Act, which is compoundable as per Section 147 of the Nl Act. This Court referred the present Criminal Revision Case to the Mediation Centre directing the Secretary, High Court Legal Services Committee Mediation and Arbitration Centre, to appoint a Trained Mediator to conduct mediation between both parties in the present case and submit report. 5. Pursuant to the Order, dated 05.03.2025, as per Rule 10 of the Alternative Dispute Resolution and Mediation Rules, 2017, the Director of Mediation and Arbitration Centre, High Court of Andhra Pradesh issued Proceedings in ROC No.190/APHCMC/ 4 SRK.J Crf R.C.No.2123of 2009 dated 07.03.2025, appointing Sri D.Kishore Kumar, Advocate-Mediator to conduct mediation between the parties in the present case and to conclude the mediation proceedings and submit the report in a sealed cover on or before 24.03.2025 in accordance with Rule 26 and Rule 32 of the Alternative Dispute Resolution and Mediation Rules, 2017. 2025 6. On 04.04.2025, Sri D. Kishore Kumar, Advocate- Mediator submitted Mediation Proceedings stating that conducted mediation among both parties, wherein the petitioner/ accused made a proposal to pay an amount of Rs. 1,60,000/- (Rupees one lakh and sixty thousand only) to the respondent No.2/complainant towards full and final settlement, and the respondent No.2/complainant agreed for the said proposal. Accordingly, both parties agreed to settle the case out of mediation, as the respondent No.2/ complainant agreed to receive the said sum by the towards full and final settlement. he 7. Today, when the matter is taken up by this Court, petitioner/accused and respondent No.2/complainant are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioner herein/ accused and the learned counsel for 2’^ respondent/complainant 5 SRK, J Cn.R.C.No.2123of2009 identified both parties in the open Court. When this Court questioned 2"'' respondent herein/complainant with regard to terms entered in the mediation held by the Mediator, he categorically stated to that extent that he had voluntarily entered into the said terms and compromise with the petitioner/accused and there is no threat, coercion or undue influence in arriving at the compromise. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the fact that the parties have entered into a 8. compromise and compounded the offence out of mediation held by the Trained Mediator, there is no hindrance to record the same. Accordingly, Judgment, dated 15.12.2009 passed in Criminal Appeal No. 145 of 2008 by the learned Principal Sessions Judge, West Godavari at Eluru, confirming the Judgment, dated 08.07.2008, passed in Calendar Case No.115 of 2006 by the learned Judicial Magistrate of First Class, Chinthalapudi, is set- aside. Consequently, the petitioner/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. % 6 SRK,J Ci1.R C.No.2123 of 2009 Accordingly, Criminal Revision Case No.2123 of 2009 9. is allowed. Registry is directed to enclose a copy of the Mediation Proceedings, dated 04.04.2025 submitted by Sri D.Kishore Kumar, Advocate and Mediator, High Court of Andhra Pradesh Amaravathi. As a sequel thereto, the miscellaneous petitions, if any. pending in this Criminal Revision Case shall stand closed. SD/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Principal Sess.ons Judge, West Godavari, Eluru.(with records) 2. The Junior First Class Magistrate, Chinthalapudi, East Godavari District, (with records) 3. One CC to Sri. B P Raju Advocate [OPUC] 4. One CC to Sri. K J V N Pundareekakshudu Advocate [OPUC; 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] ! 6. The Section Officer, Crimihal Section, High Court of Andhra Pradesh at Amaravathi. 7. Three CD Copies PR PRK HIGH COURT DATED:21/04/2025 ORDER CRLRC.No.2123 of 2009 OF S 2 2 JUL It ALLOWING THE CRLRC It