APHC010452902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 961/2025 Between: 1. ANDE MUSALI KOTAYYA, OCC:TEACHER, R/O.D.NO.32-14-2/1, VINUKONDAVARI STREET, NEAR GIRLS HIGH SCHOOL, TANUKU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT AMARAVATI. 2. PENUMARTHI SRINIVAS RAO, S/O.SURYANARAYANA, AGED ABOUT 44 YEARS, OCC BUSINESS, R/O.D.NO.2-51/1, TANUKU, WEST GODAVARI DISTRICT ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to aggrieved by the Judgment passed by the Hon’ble IV Addl.District & Sessions Judge, West Godavari District, Tanuku order dt.28.01.2025 in Criminal Appeal No.190//2024 in C.C.No.395/2021 Judgment pronounced on 10.06.2024 and sentenced on 27.08.2024 on the file of the Special Magistrate, Tanuku, West Godavari District sentence to under-go Three Months simple imprisonment and also liable to pay fine of Rs.5,000/- (Rupees five thousand only) or in default in payment of fine, he shall under go 15 days of simple imprisonment. The Accused shall pay compensation of Rs.1,50,000/- to the complainant U/Sec.357 (3) Cr.P.C. The sentence in this case shall run concurrently along 2 with the sentence in C.C No.1082/2021, C.C No.1092/2021, C.C No.1241/2021. The Accused is entitled to set off remand period U/Sec.428 of Cr.P.C. That the petitioner herein prefer this Memorandum of Criminal Revision Case IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Condone the delay of 123 days in filing the above case IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the execution of sentence passed in CRL.A No. 190/2024, dt.28.01.2025 on the file of the Hon’ble IV Addl.District and Sessions Judge, West Godavari District, Tanuku as confirmed and convicted the Petitioner/Accused in C.C No.395/2021, dt.27.08.2024 on the file of the Special Magistrate Court Tanuku by enlarging the Petitioner/Accused on Bail IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to extend the time for payment of 20% of Cheque amount as per the directions of this Hon’ble Court passed orders in I.A No.2 of 2025 in CRL.RC No.961/2025 and pass IA NO: 4 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant permission to the petitioner to compound the offence, punishable under Section 138 to record the compromise, to allow CRL.RC.No.961/202 5 by setting aside the judgments dated 10.06.2024 in C.C No. 395/2021 (sentenced on 27.09.2024) in CRL.A No. 190/2024, dt.28.01.2025 and acquit Respondents No.2/Revision Petitioner in the interest of justice. IA NO: 5 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 3 may be pleased to record the terms of compromise between the parties by allowing the CRL.RC No.961/2025 by setting-aside the judgment dated 24.09.2024 (sentenced 27.08.2024) passed by the Hon’ble Special Magistrate Court Tanuku in C C No.395/2021 and also Judgment dated 28.01.2025 passed by the IV Addl.District and Sessions Judge, Tanuku in CRL.A No.190/2024 and thereby acquit the Accused in the interest of Justice. Counsel for the Petitioner: 1. MANDA VENKATESWARA RAO Counsel for the Respondent(S): 1. MUSUDI BABJI 2. PUBLIC PROSECUTOR 4 The Court made the following Order: I.A.No.1 of 2025, this is an application filed to condone the delay of 123 days in preferring the revision case. Having heard the learned counsel for the parties and considering the averments made in the affidavit filed in support of the application, the delay of 123 days in filing the revision is condoned. Accordingly, I.A.No.1 of 2025 is allowed, Revision be admitted. 2. It appears that Non-Bailable Warrant has been issued against the petitioner as he was not represented before this Court on 24.11.2025. Since the petitioner has appeared personally before this Court and compromise is effected between the petitioner and the 2nd respondent, Non-Bailable Warrant issued against the present petitioner is hereby recalled. 3. I.A.No.4 of 2025, this is an application filed for seeking permission to compound the offence punishable under Section 138 of N.I.Act on the basis of compromise. 4. I.A.No.5 of 2025, this is an application filed to record compromise effected between the parties. 5. Heard Sri M.Manda Venkateswara Rao, learned counsel for the petitioner, Sri Musudi Babji, learned counsel for 2nd respondent and Sri K.Ananda Rao, learned Assistant Public Prosecutor. 6. I have perused the compromise petition filed duly attested by the petitioner as well as the 2nd respondent. 2nd respondent is the de facto 5 complainant. On hearing the de facto complainant/2nd respondent, it appears that the 2nd respondent has satisfied regarding the compromise effected between the parties. Since the matter has been effected at compromise, the order of conviction impugned before the revisional Court is hereby set aside under Section 320 of Cr.P.C. 7. The offence being compounded, the petitioner is hereby acquitted from this case. 8. The sureties standing in his favour are also released. 9. Accordingly, I.A.No.4 of 2025, I.A.No.5 of 2025 and the Criminal Revision Case are disposed of. As a sequel, pending miscellaneous applications, if any, shall stand disposed of. ____________________________ JUSTICE SUBHENDU SAMANTA Date: 23.12.2025 SPP 6 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE No.961 of 2025 Dated 23.12.2025 SPP