IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.l & 2 of 2025 IN/AND CRIMINAL REVISION CASE NO: 1797 OF 2011 Between: Shanmukhini Roja Ramani, W/o Ramachndra Rao Aged about 38 years, Occ: Government Teacher, MPP School, R/o Gushiniu Village, Nellimarla Mandal Vizianagaram District. ...Petitloner/Appellant/Accused AND 1. The State of Andhra Pradesh of A.P., at Amaravathi. rep. By its Public Prosecutor, High Court 2. Sri Kota Suryanarayan, S/o VeerabhadraRao years, R/o Nagojipeta, Vizianagaram District. Hindu, Aged about 38 ...Respondents/Respondents/Complainant Revision filed under Section 397 & 401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set-aside the orders of the both courts which were rendered in Crl.A.No.107 of 2010, dt. 23-08- 2011 on the file of the Spl. Judge for SC, & ST (POA) Act-cum-Addl. Dist. & Sessions Judge, Vizianagaram, in confirming the Judgment of conviction fi for the offence of Section 138 of N.I.Act (Excise) Vizianagaram in CC.No.1033 of 2008 dt22-09-2010 by aiiowing the revision petition and by acquitting the petitioner. lA NO: 1 OF 2()9R passed by the Hon'ble J.F.C.M., Between: Sri Kota Suryanarayan, S/o Veerabhadra Rao years, R/o Nagojipeta, Vizianagaram District. Hindu, Aged about 52 ...Petitioner/Respondent No.2 AND 1. Shanmukhini Roja Ramani, W/o Ramachndra years, Occ: Government Teacher, MPP Schooi, R/o Gushiniu Viiiage Nellimarla Mandal Vizianagaram District. Rao, Aged about 52 ... Respondent/Petitioner rep. By its Public Prosecutor, High Court 2. The State of Andhra Pradesh of A.P., at Amaravathi. ...Respondent/Respondent Petition under Section 359 of BNSS and under section 320(6) of praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court Cr.P.C may be pleased to permit the petitioner/complainant to enter into compromise in the judgment Dt.23.08.2011 in Crl.A.No.l07 of 2010 on the file of the court of the Special (POA) Act- cum- Additional District and Sessions Judge, Vizianagaram in confirming the judgment Dt.22.09.2010 in C.C.No.l033 of 2008 on the fie of the court of the Special Judicial Magistrate of I Class (Excise), Vizianagaram. Judge for Trial of cases under S.Cs & S.Ts % lA NO: 2 OF ?n?/; Between: Sri Kota Suryanarayan, S/o Veerabhadra Rao, years, R/o Nagojipeta, Vizianagaram District. Hindu, Aged about 52 ...Petitioner/Respondent No.2 AND 1. Shanmukhini Roja Ramani, W/o Ramachndra Rao, Aged about 52 years, Occ: Government Teacher, MPP School, R/o Gushiniu Village, Nellimarla Mandal Vizianagaram District. .. .Respondent/Petitioner rep. By its Public Prosecutor, High Court 2. The State of Andhra Pradesh of A.P., at Amaravathi. ...Respondent/Respondent Petition under Section 359 (2) of BNSS and Under section 320(2) 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 record the compromise between the petitioner and the respondent no.2 by allowing the revision and setting aside the judgment Dt.23.08.2011 in Crl.A.No.107 of 2010 on the file of the court of the Special Judge for Trial S.Cs & S.Ts (POA) Act- of cases under cum- Additional District and Sessions Judge, conviction of sentence in judgment Vizianagaram, which was confirmed the Dt.22.09.2010 in C.C.No.1033 of 2008 Judicial Magistrate of I Class (Excise), Vizianagaram. on the fie of the court of the Special Counsel for the Petitioner: SRI POTALA MUTYALA NAIDU Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: M/S GORLA MANASA The Court made the following: V % APHC010547442011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1797/2011 I.A.NOS.1&2 of 2025 in/and Crl.R.C.No.1797 of 2011 Between: ...PETITIONER Shanmukhini Roja Ramani AND ...RESPONDENT(S) The State Of AP Rep By Its PP Hyd Another Counsel for the Petitioner: 1. POTALA MUTYALA NAIDU Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR (AP) The Court made the following: COMMON ORDER: Heard the arguments of learned counsel for the petitioner and the learned Assistant Public Prosecutor. 2 Dr. YLR, J CrI. R. C. No.1797 of 2011 & Dated: 05.05.2025 2. I.A.No.1 of 2025 has been filed seeking for the case, inasmuch permission to compromise as the amount involved under cheque petitioner/accused to the respondent No.2. was paid by the 3. For the reasons mentioned in the affidavit application, I.A.No.1 of 2025 is allowed, No.2/complainant to compromise the case with the petitioner. 4. I.A.No.2 of 2025 has been filed to compound the offence. 5. The Criminal Revision Case has been filed challenging conviction for the alleged offence under Section 138 of Negotiable Instruments Act, 1881 (for short ‘the N.I.Act’) which is compoundable as per Section 147 of ‘the N.I.Act’. accompanying the permitting the respondent the concurrent 6. In the joint petition filed by the petitioner and the respondent No.2, it is submitted that the petitioner had paid the cheque amount and the respondent No.2 received that amount. The respondent No.2 intends to compound the case with the petitioner. 7. For the reasons mentioned in the affidavit accompanying the appiication, i.A.No.2 of 2025 is aiso aiiowed, permitting the respondent No.2/complainant to compound the offence under Section 147 of ‘the N.I.Act.,’ read with Section 320 (6) of ‘the Cr.P.C’. 3 Dr. YLR, J Crl.R.C.No.l797 of 2011 . Dated: 05.05.2025 %% In the result, the Criminal Revision Case is disposed of as 8. compromised, acquitting the petitioner under Section 320 (8) of ‘the Cr.P.C., the conviction and sentence imposed in C.C.No.1033 of 2008 vide judgment dated 22.09.2010 passed by the learned Special Judicial Magistrate of First Class (Excise), Vizianagaram, is set aside consequently the Judgment dated 23.08.2011 in Crl.A.No.107 of 2010 on the file of the learned Special Judge for Trial of Cases under S.Cs & S.Ts (POA) Act-Cum-Additional District and Sessions Judge, Vizianagaram, is also set aside. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// \ SECA", OFFICER 1. The Special Judge for Trial of cases under S.Cs & S.Ts (POA) Act- cum- Additional District and Sessions Judge, Vizianagaram (with records) 2. The Special Judicial Magistrate of I Class (Excise), Vizianagaram. (with records) 3. One CC to Sri. Potala Mutyala Naidu, Advocate [OPUC] 4. One CC to M/s. Gorla Manasa, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. 7. Three CD Copies To, PR sree (enclosing the joint memo) ■ > HIGH COURT DATED:05/05/2025 COMMON ORDER I.A.Nos.1 & 2 of 2025 in/and CRL.R.C.No.1797/2011 f 3 0 AUG 2025 j ^Cumni secuon OV DISPOSING THE I.A.Nos.1 & 2 of 2025 IN/AND CRIMINAL REVISION CASE % HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CRL.R.C.No, 1797 OF 2011 BETWEEN: Shanmukhini Roja Ramani, W/o. Ramachandra Rao, Aged 52 years, Occ; Govt. Teacher, MPP School, R/o. Gushlni Village, Nellimarla Mandal, Vizianagaram District. ... Petitioner And The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi. 2. Sri Kota Sur/a Narayana, S/o. Veerabhadra Rao, Hindu, Aged About 52 years, R/o. Nagojipeta, Vizianagaram Dstrict. 1. ... Respondents/ Respondents inTNT MEMO filed BY BOTH PARTIES petitioner/Accused filed the above criminal and sentence passed in C.C.No.1033 of 2008 fie of the court of the Special Judicial It is submitted that the revision 1. revision aggrieved by the conviction by judgment dated 22.09.2010 on the Magistrate of I Class (Excise), Vizianagaram, the accused is sentence to undergo period of Six Months and fine of rupees of one simple imprisonment for a thousand in default, she shall under go for two months simple imprisonment for I 138 of Negotiable Instrument Act, which No. 107 of 2010, by Judgment dated 23.08.2011 the offence punishable under section confirmed in Criminal Appeal on the file of the court of the Special Judge for Trial of cases under S.Cs & S.Ts Additional District and Sessions Judge, Vizianagaram. was (POA) Act- cum- o 2>0 iX w i % It IS humbly submitted well wishers held to put an end to the revision that while the matter stood thus, •0 this matter. In view of the the elders and mediation i mediation both decided pending between respondenVcomplainant litigation and the petitioner/accused pa id petitioner/accused i Rs.2,50,000/- to the 2^*^ view of compromise. The ''ospondent by way of cash on 02.05.2025. In view of the same, both of us agreed to grievance against the revision the case against sentence imposed by the appellate tiling this affidavit to settle the matter amicably. The 2"^ respondent has willing to compound no petitioner/accused and he i and he has against petitioner/accused by court. Hence, the compound the case. IS petitioner/accused no objection to set aside the the trial court as was confirmed respondent are jointly petitioner and the 2"^ It is humbly submitted that, both parties petitioner forth all these facts In view of above facts and circumstances, the bringing Court and compound the inherent powers and 2nd respondent are fil/ng the present Affidavit and circumstances to the notice of this Hon'ble Court to kindly Court by exercising is settled out of criminal revision and in view of the expressly do hereby above CrI.R.c. vested by this Hon'ble pendency of the cri parties, it is just and under section 138 crave leave of this Hon'ble pending before this Hon'ble Court. Since the court during the compromise between the necessary in the interest of justice of Negotiable Instrument Act to compound the offence 3nd set aside the conviction and of 2008 on the fie (Excise), Vizianaga sentence passed in judgment Dt.22.09.2010 i the court of C.C.No.1033 01^ I Class in the judgment Dt.23.08,20ii • of the Special Judicial Magistrate confirmed i which was ram. 'n Crl.A.No.l07 of 2010 on ^ ' 'J CL ST /e- / / the file of the court of the Special Judge for Trial of cases under S.Cs & S.Ts (POA) Act- cum- Additional District and Sessions Judge, Vizianagaram. Hence, this joint memo. For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to compound the offence under section 138 of Negotiable Instruments act and set aside the conviction and sentence passed in judgment Dt.22.09.2010 in C.C.No.1033 of 2008 on the fie of the court of the Special Judicial Magistrate of I Class (Excise), Vizianagaram, which was confirmed in the judgment Dt.23.08.2011 in Crl.A.No.l07 of 2010 on the file of the court of the Special Judge for Trial of cases under S.Cs & S.Ts (POA) Act- cum- Additional District and Sessions Judge, Vizianagaram and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. / Qo s- AMARAVATI DATE: 03.05.2025 Petitioner/Accused / Coun^l for the Petitioner Counsel Tor the Respondent No.2 Respondent^o.2/Com pla i na nt