APHC010042172016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS CRIMINAL REVISION CASE NO: 2530/2016 Between: Ambati Venu Gopala Rao, Krishna Dt., ...PETITIONER AND Y Krishna Rao Krishna Dt Anr Rep Pp and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. CH B R P SEKHAR The Court made the following: ORDER: Assailing the Judgment dated 29.09.2016 in Crl.A.No.88 of 2013 on the file of the learned XV Additional District & Sessions Judge, Nuzvid, confirming the conviction and sentence imposed by Judgment dated 30.03.2013 in C.C.No.200 of 2011 on the file of the learned Judicial Magistrate of First Class, Mylavaram, for the offence under section 138 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. 2. Sri Sreenivasa Rao Velivela, learned counsel for the petitioner/accused and Sri Ch.B.R.P.Sekhar, learned counsel for the Respondent No.1 are present. 3. While hearing the matter, the petitioner/accused and Respondent No.1 are present before this Court, identified by their respective counsel and brought to the notice of this Court that a letter was said to have given by the petitioner/accused by name Ambati Venu Gopala Rao S/o Lava Raju stating that there was a settlement between them at the instance of elders and in the said settlement, the petitioner/accused agreed to pay Rs.10,00,000/- as full and final settlement on or before 20.03.2025 for the cheque in question. 4. After perusing the letter, when this Court confronted both the petitioner by name Ambati Venu Gopala Rao as well Respondent No.1 by name Yarlagadda Krishna Rao, they both admitted that this letter was executed in favour of Respondent No.1 by name Yarlagadda Krishna Rao and the Respondent No.1 agreed to receive the said amount of Rs.10,00,000/- on or before 20.03.2025 for the cheque in question. At this stage, learned counsel for the Respondent No.1 submits that a default clause should be included, for which, the petitioner/accused agreed to pay the amount of Rs.10,00,000/- as full and final settlement by way of Demand Draft and obtain a proper receipt for the said Demand Draft from Respondent No.1 and if for any reason, the petitioner/accused fails to pay the said amount to Respondent No.1 as agreed, the conviction and sentence passed by the learned Judicial Magistrate of First Class, Mylavaram, shall stands confirmed and the petitioner/accused shall undergo imprisonment as imposed by the trial Court. 5. With the above condition, the Criminal Revision Case is disposed of. Interim orders granted earlier if any, shall stand vacated. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ JUSTICE V.SRINIVAS Date: 20.02.2025 KNN