IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1131 OF 2008 Revision filed under Section 397 & 401 of CrPC, against the Judgment in Crl.A.No.338 of 2006, dated 21.07.2008 on the file of the Court of the Sessions Judge, Guntur. Between: Sattenapalli Venkateswara Rao, S/o Subba Rao, Aged 40 Koppuravuru Village, Guntur District years. ...ACCUSED/ APPELLANT/PETITIONER AND 1. Pamidimarri Sivarama Krishnaiah, S/o Veeraswamy, Brodipet, Guntur. ...COMPLAINANT 2. The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Amaravati. ...RESPONDENTS/ RESPONDENT S 4 Counsel for the Petitioner : SRI RAMAKRISHNA AKURATHI y * C^ijns^ for the Respondent No.1: SMT. GANTA SRIDEVI [ Legal Aid Counsel] if Counsel for the Respondent No.2: MS P. AKHILA NAIDU, Assistant Public Prosecutor The Court made the following Order: APHC010275292008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1131 OF 2008 Between: Sattenapalli Venkateswara Rao ...PETITIONER AND Pamidimarri Sivarama Krishnaiah The State Of A P and .'..RESPONDENT(S) Others Counsel for the Petitioner: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR The Court made the following Order: Heard Sri Ramakrishna Akurathi, learned Counsel for the Petitioner, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor and Smt. Ganta Sridevi, learned Legal Aid Counsel. 2. It is submitted that the Complainant/Respondent No.1 is no more. It is also submitted that the wife of the Complainant is no more. Death certificate, to the effect that the Respondent No.1 died, is filed, wherein it is stated that Respondent No.1 died on 0.1.09.2011. Hence, the case against the Respondent No.1 is abated. Similarly, photocopy of the death certificate of the 2 Dr. YLR, J Crl.R.C.No.1131 of 2008 Dated 02.05.2025 wife of the Complainant - Pamidimarri Swarajyam is also filed, wherein it is certified that she died on 31.07.2015. Learned counsel for the petitioner submits that it has become 3. very difficult for the petitioner/accused to trace out the legal heirs of the respondent No.1 as his wife also died. The learned counsel for the petitionersubmits that the petitioner is ready to pay the cheque amount in kind of the demand draft to the legal heirs of the deceased. The petitioner/accused may be directed to submit the demand draft for an amount of Rs.40,000/- to the learned V Additional Munsif Magistrate, Guntur. 4. I.A.No.1 of 2025 is filed to receive the demand draft bearing No. 760663 dated 29.04.2025 for an amount of Rs.40,000/- and the same may be disbursed to the LRs of the 1®* respondent/complainant under Section 138 of ‘the N.l. Act’. 5. Smt. Ganta Sridevi, learned counsel, is directed to assist the Court as Legal Aid Counsel for respondent No.1. The Secretary, High Court Legal Services Authority is directed to issue proceedings to that effect. 6. The Criminal Revision Case has been filed challenging the concurrent conviction for the alleged offence under Section 138 of the Negotiable Instruments Act, (for brevity ‘the N.I.Act’) which is compoundable as per Section 147 of ‘the N.l Act’. The learned Legal Aid Counsel submits that perusal of entire records, in view of the voluntary statement offered by the learned counsel for the petitioner that an amount of Rs.40,000/- would be deposited in kind of demand draft before the leafpec^V Additional Munsif , on Dr. YLR. J Crl.R.C.No.1131 of 2008 ■ Dated 02.05.2025 Magistrate, Guntur with a direction to the learned Magistrate to disburse the amount to the legal heirs of the deceased respondent No. 1/complainant, this Criminal Revision Case may be disposed of by allowing I.A.No.1 of 2025. It is submitted the respondent No.1 filed a suit against the petitioner for recovery of money vide O.S.No.68 of 2015 and the same was decreed. Thereafter, the execution petition in E.P.No.1014 of 2008 was filed on the file of the Learned Principal Junior Civil Judge, Guntur, for recovery of an amount of Rs.73,124/- from the salary of the petitioner. The petitioner is working as Multi Purpose Health Extension Officer at PHC, Guntupalli-Villag e, Ballikuravu Mandal, Bapatia District. The petitioner is ready to pay the cheque amount and intended to compromise the case, but there is no legal representativefor the respondent No.1. Even though, the petitioner tried to secure the legal representatives of the respondent No.1, it rendered in vain. Therefore, the 7. petitioner was advised to deposit the cheque amount by drawing a demand draft for Rs.40,000/-. Now the designation of IV Additional Munsif Magistrate, Guntur is re-designated as V Additional Civil Judge (Junior Division) Guntur the demand draft is drawn in the name of the learned Trial Court and the same is enclosed herewith. 8. In view of the peculiar facts and circumstances of the case, as the petitioner/accused is ready to compromise the case by way of paying the cheque amount vide the demand draft above mentioned, the Revision Case can be disposed of as amount covered under the Cheque is paid by the petitioner. 4 Dr. YLR, .1 Crl.R.C.No.l 131 of 2008 Dated 02.05.2025 Therefore, this revision case is deserved to be disposed of and the learned IV Additional Civil Judge (Junior Division) Guntur is directed to receive the demand draft bearing No.760663 for an amount of Rs.40,000/- and disburse the same to the Legal Heirs of respondent No.1 and obtain an acknowledgment to that effect and submit a report to this Court. 9. Registrar (Judicial) is directed to cause send the demand draft for an amount of Rs.40,000/- drawn in favour of the learned V Additional Civil Judge 10. (Junior Division) Guntur to the learned IV Additional Civil Judge (Junior Division) Guntur, for taking follow-up steps Thus, I.A.No.1 of 2025 is allowed. The Criminal Revision Case is disposed of as compromised. The judgment in CrI.A. No.338 of 2006 on the file of the learned Sessions Judge, Guntur dated 21.07.2008 is set aside. Similarly, the judgment in C.C.No.26 of 2006 dated 10.07.2006 on the file of the learned V Additional Munsif Magistrate, Guntur is also set aside, acquitting 11. the petitioner/accused. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- K TATA RAO deputy register //TRUE COPY// U SECTION OFFICER To Guntur District, (with V Additional Munsif Magistrate, Guntur 1. The records) 2. The Sessions Judge, Guntur Guntur District, (with records) % 3. The Superintendent, Sub 4. One CC to Sri Ramakrishna 5. One CC to Smt. Ganta Sridevi, 6. Two CCs to the Amaravathi [OUT] 7. The Section Officer, Criminal 8. Three CD Copies Jail, Guntur, Guntur District Akurathi, Advocate [OPUC] Advocate [OPUC] High Court of Andhra Pradesh; 0' Public Prosecutor, Section, High Court of Andhra Pradesh. MV vna HIGH COURT DATED: 02/05/2025 ORDER CRLRC.No.1131 of 2008 I 11 JUN 2m ^ . Current aecuun * Co DISPOSING OF THE CRLRC AS COMPROMISED