APHC010410772012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.No.S of 2025 in/and CRIMINAL REVISION CASE No.74 of 2012 CRIMINAL REVISION CASE Nd.74 of 2012 Revision is filed under Section 359 (8) of BNSS being aggrieved by the order dated 18.01.2012 in Crl.A.No.92 of 2010, on the file of the Court of I Additional District and Sessions Judge, Vizianagaram, in confirming the judgment of conviction for offence of Section 138 of N.I.Act passed by the Judicial First Class Magistrate (Excise), Vizianagaram in C.C.No.281 of 2008, dated 20.08.2010. ' ' Between: Shanmukhini Roja Ramani, W/o Gopala Krishna Raju @ Ramachandra Raju, Occ: Govt. Teacher, MPP School, R/o Gushini Village, Nellimarla Mandal, Vizianagaram District. ...Petitioner/Appellant/Accused AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2. Ankit Kumar Jain, S/o Pfbmod Kumar Jain, Hindu, R/o N.C.Road, Vizianagaram District. ...Respondents/ Respondents/Complainant lA NO: 1 OF 2012rCRLRCMP 119 OF 9ni2^ Petition under Section 397(1) R/w 482 of Cr.P.C is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence imposed in Crl.A.No.92 of 2D10, dated 18.01.2012 on thie file of the Court of I Additional District & Sessions Judge, Vizianagaram, in confirming the judgment of conviction for the offence of Sec. 138 of N.I.Act passed by the Judicial First Class Magistrate (Excise), Vizianagaram in C.C.No.281 of 2008, dated 20.08.2010 by enlarging the petitioner on bail. Common C.T. for I.A. Nos.1. 2 & 3 of 2025 Between: Ankit Kumar Jain, S/o Promod Kumar Jain, Hindu, R/o N.C.Road Vizianagaram District. ...Petitioner/Respondent No.2 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of Andhra Pradesh, Amaravati. ...Respondent/Respondent No.1 2. Shanmukhini Roja Ramani, W/o.Ramachandra Raju, Hindu, Occ: Govt. Teacher, MPP School,; R/o Gushini Village, Nellimarla Mandal, Vizianagaram District. ...Respondent/ Petitioner/Accused lA NO: 1 OF 2025 Petition under Section 147 of Nl Act is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to Compromise and Compound the offence under Sec. 138 of N.l. Act and set aside the conviction and sentence imposed in C.C.No.281/2008 on the file of the Hon’ble Special Judicial Magistrate of I Class (Excise), Vizianagaram in confirming the same in Crl.A.No.92/10 on the file of the court of the I Additional District and Session Judge, Vizianagaram, Vizianagaram District. / lA NO: 2 OF 2025 Petition under Section 147 of Nl Act is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to Record the compromise and Compound the offence under See.138 of N.l. Act and set aside the conviction and sentence imposed in C.C.Np,281/2008 on the file of the Hon’ble Special Judicial Magistrate of I Class (Excise), Vizianagaram in confirming the same in CrI.A.No.92/10 on the file of the court of the I Additional District and Session Judge, Vizianagaram, Vizianagaram District. lA NO: 3 OF 2025 is filed praying that in the Petition under Section 359(8) of BNSS circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to compound the offence under Sec. 138 of N.l. Act and set aside the conviction and sentence imposed in C.C.No.281/2008 on the file qt the Hon’ble Special Judicial Magistrate of I Class (Excise), Vizianagaram in confirming the same in Crl.A.No.92/10 on the file of the court of the I Additional District and Session Judge, Vizianagaram, Vizianagaram District. : Sri V. Yatendra Kumar Counsel for the Petitioner Counsel for Respondent No.l; Public Prosecutor Counsel for Respondent No.2: Sri Nammi Hemanth The Court made the following order: 7 7 / 1 APHC010410772012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO l-A.No.a of 2025 In&And CRIMINAL REVISION CASE NO: 74/2012 Between: Shanmukhini Roja Ramani, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.VYATENDRA KUMAR Counsel for the Respondent(S); 1.DEVAKINANDAN RATHI 2. PUBLIC PROSECUTOR (AP) The Court made the following: COMMON ORDER: ...RESPONDENT(S) I.A.No.3 of 2025 The application is filed seeking to compromise the case. A joint also filed by the petitioner/accused and 2""^ respondent for compromise. memo is 7, 2 The case in between the petitioner and the Respondent No.2 has been compromised as the petitioner has paid the amount covered under the cheque. In view of the compromise affected in between the petitioner and the Respondent No.2, the criminal revision case is disposed of as compromised. Resultantly, the petitioner is acquitted under Section 320(8) of ‘the Cr.P.C.,’ by giving permission to the petitioner to compromise the offence with the petitioner under Section 147 of ‘the N.I.Act.,’ read with 320 (6) of the ‘Cr.P.C’. 2. 3. Accordingly, the I.A.No.3 of 2025 is allowed, and the Criminal Revision Case is disposed of as compromised by compounding the offence. Consequently, the conviction and sentence passed by the learned Special Judicial Magistrate of First Class (Excise), Vizianagaram in C.C.No.281 of 2008, dated 20.08.2025, as confirmed in Criminal Appeal No.92 of 2010 dated 18.01.2012, by the learned I Additional District and Sessions Judge, Vizianagaram, are set aside, as a result, the Petitioner is acquitted. However, the Hon’ble Apex Court in Sanjabij Tari v. Kishore S. Borcar^ observed that the case can be compromised at the level of the High Court in a revision subject to the accused paying 7.5% of the cheque amount 4. towards costs to the Legal Services Authority, as per para No.38 of the judgment. Criminal Appeal No.1755 of 2010 3 The Petitioner/Accused also expressed his willing to pay 7.5% of the cheque amount to the High Court Legal Services Committee towards costs within a period one (01) week. 5. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- B. CHITTI JOSEPH DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The I Additional District and Sessions Judge, Vizianagaram, Vizianagaram District. 2. The Special Judicial First Class Magistrate (Excise), Vizianagaram, Vizianagaram District. 3. The Superintendent, Sub-Jail, Vizianagaram, Vizianagaram District. 4. The Secretary, High Court Legal Service Committee, High Court Buildings, Amaravati. 5. The Member Secretary, A.P. State Legal Service Authority, H.No.2- 273/54-A, B.S.R.Commercial Complex, Near A.P.Secretariat, Amaravati, Opp: Traffic Police Station, Malkapuram Village, Thulluru Mandal, Guntur District. 6. Two CCs to the Public,„Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 7. One CC to Sri V. Yatendra Kumar, Advocate [OPUC] 8. One CC to Sri Nammi Hemanth, Advocate [OPUC] 9. One CC to Sri Devakinandarf Rathi, Advocate (OPUC) 10.Two CD Copies TK *along with the copy of the Joint Compromise Memo in I.A.No.3 of 2025 in CRLRC No.74 of2012 HIGH COURT TK DATED: 10/10/2025 COMMON ORDER I.A.No.3 of 2025 in/and CRLRC No.74 of 2012 Of ^ A>. iS 10 OCT 2025 mit <5:^ . Current Section ^ ^ ALLOWING THE I.A.No.3 of 2025 AND DISPOSING OF THE CRIMINAL REVISION CASE /7 if m 11 1. */■' V IN THE HIGH COURT OF JUDICATURE:;ANDHRA PRADESH;:AT AMARAVATHI Si 'Hi of 2025 I.A.No. in of 2012 CRL.R.C.No. 74 m Between; I.Shanmukhini Roja Ramani W/o.Ramachandra Rao,-aged 51 years, Hindu, Occ: Govt Teacher, MPP School, R/o.Door Gushini Village, Nellimarla Mandal, Vizianagaram Dist. * SI I li Petitioner And t it 1 .The State of Andhra Pradesh Rep.by public prosecutor High Court of A.P Amravathi. f-. i 5 •» k 2.Sri Ankit Kumar Jain S/o Promod Kumar Jain Aged 37 years, Hindu, R/o N. C. Road Vizianagaram District .•5«; I j Respondents JOINT MEMO FILED BY BOTH THE PARTIES It is submitted that the petitioner herein and the 2nd respondent / complainant were comprortiised in terms of compromise petition mentioned and the complainant is having no objection to compound the offence u/Sec.138 of N.I.Act., and may be pleased to set aside the conviction and sentence imposed in C.C.No.281/2008 on 20.08.2010 on the file of the Honble Judicial First Class Magistrate Excise, Vizianagaram in confirming the satVie in CrI.A.No.92/2010 on 18.01.2012 on the file of the court of the 1st'Additional District and Sessions •a % T \ \ ■ \ \ I \ Judge, Vizianagaram and pass such other order may deem fit and proper in the circumstances of the or orders as this Hon’ble court \ \ case. I \ f|-' ..b- fh lU ) \K REVISION PETITIONER i ' RESPONDENT I COUNS FOR REVISION PETITIONER COUNSEL FOR RESPONDENT !f i Amaravathi, Dt. 10-10-2025 4 f I:' I ■ I- I. 4 I t I f* I'" I i,. i ‘ I t f