APHC010591852009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.Nos.4 and 5 of 2025 in/and CRIMINAL REVISION CASE NO: 1320 OF 2009 Between: 1. ABDUL VAHID, S/O. Sri RAHEEM, AGED ABOUT 35 YEARS, OCC: BUSINESS, R/O. ANANDAPET, D.NO. 18-22-66, PONNURU ROAD, GUNTUR. ...PETITIONER/ACCUSED AND 1. PILLI SIVARAMAKRISHNA REDDY (DIED), S/O. SRI NARASA REDDY, AGED ABOUT 44 YEARS, OCC: BUSINESS, R/O. OLD GUNTUR, ANKAMMA TEMPLE STREET, D.NO. 16-27-10, GUNTUR. 2. STATE OF A P, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. 3. PILLI BHRAMMA REDDY, S/O. LATE PILLI SIVARAMA KRISHNA REDDY, AGED ABOUT 45 YEARS, R/O. OLD GUNTUR, ANKAMMA TEMPLE STREET, D.NO.16-2-710, GUNTUR. (SINCE RESPONDENT NO.1 IS DIED, RESPONDENT NO.3 IS BROUGHT ON RECORD AS LEGAL REPRESENTATIVE OF RESPONDENT NO.1 AS PER THE COURT'S ORDER DATED 17.10.2025 IN I.A.NO.2 OF 2025 IN CRL.R.C.NO.1320 OF 2009). ...RESPONDENTS Revision filed under Section 397 and 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 Dt.01.04.2008 in 2 Crl.A.No. 523 of 2004 passed by the Hon'ble IX Addl. Sessions Judge (FTC), Guntur dismissing the Appeal confirming the judgment of conviction of the Revision Petitioner in C.C.No.401 of 2004 passed by the Judicial Magistrate of I Class of Excise, Guntur, dt.22.11.2004. IA NO: 1 OF 2008(CRLRCMP 1379 OF 2008 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 to condone the delay of 7 days in filing the above Criminal Revision Case. IA NO: 2 OF 2008(CRLRCMP 1383 OF 2008 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 to grant interim suspension of the orders dt.01.04.2008 in Crl.A.No. 523 of 2004 passed by the IX Addl. Sessions Judge, (FTC) at Guntur, pending disposal of the above 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 to condone the delay of 5039 days in fling petition for bringing the petitioners/ legal heirs of deceased 1st Respondent on record as respondent No. 3 in above CRLRC. No. 1320 of 2009 and pass 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 to bring the Proposed respondent, Pilli Bhramma Reddy, S/o Late Pilli Sivarama Krishna Reddy, on record as the legal representative of deceased respondent No.1 and pass. 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 to re-call the BW issued against the Petitioner on 17-09-2025 in Crl.RC.No. 1320 of 2009, pending disposal of the criminal revision case and to pass IA NO: 4 OF 2025 3 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 may be pleased to permit the Respondent No 3 to Appeal file the compromise Petition in the instant Criminal Revision Petition filed by the Appellant against judgment dated 01.04.2008 in Crl.A. No. 523 of 2004, passed by the learned IX Additional Sessions Judge (Fast Track Court), Guntur, and pass 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 pleased to record the compromise and allow the instant Criminal Revision Petition filed by the Appellant against the judgment dated 01.04.2008 in Crl.A. No. 523 of 2004, passed by the learned IX Additional Sessions Judge (Fast Track Court), Guntur, and pass Counsel for the Petitioner: 1. G.SAI LOCHAN Counsel for the Respondent(S): 1. - 2. B SRINIVASA RAO 3. SRI K. SANDEEP, ASST. PUBLIC PROSECUTOR 4. PULLAGURA JAYA RAO The Court made the following: COMMON ORDER 1. I.A. Nos. 4 and 5 of 2025 have been filed by the 3rd respondent seeking permission to file a compromise petition and to record the same in the present Criminal Revision Case by compounding the offence against the accused in C.C. No. 401 of 2004 on the file of the learned Judicial First Class Magistrate for Excise, Guntur, as well as in Criminal Appeal No. 523 of 2004 on the file of the learned IX Additional Sessions Judge (Fast Track Court), Guntur, for the offence punishable under Section 138 of the N.I. Act. 4 2. The de facto complainant, who is the 1st Respondent herein, filed a complaint under Section 138 of the Negotiable Instruments Act, alleging that on 07.07.2002, the accused had borrowed a sum of Rs.45,000/- in cash from the complainant, promising to repay the same with interest at the rate of 18% per annum. In discharge of the said liability, the accused issued a cheque dated 08.08.2003 for an amount of Rs.50,000/-, drawn on the State Bank of Hyderabad, Kothapet Branch, Guntur, towards full and final settlement of the debt. Upon presentation, the cheque was returned unpaid on 11.08.2003 with the endorsement “Funds Insufficient.” Subsequently, the complainant issued a legal notice to the accused on 02.09.2003, demanding payment of the cheque amount. However, the said notice was returned unserved on 11.09.2003. 3. After considering the material as well as evidence on record, the learned Judicial First Class Magistrate for Excise, Guntur [for short, “the Trial Court”] vide Judgment dated 22.11.2004 in C.C.No.401 of 2004, convicted the accused and sentenced him to undergo Simple Imprisonment for a period of Four (4) months for the offence punishable under Section 138 of N.I.Act. 4. Aggrieved by the Judgment, dated 22.11.2004 in C.C.No.401 of 2004 passed by the Trial Court, the Appellant/Accused preferred an Appeal in Crl.A.No.523 of 2004 on the file of learned IX Additional Sessions Judge (FTC), Guntur (for short, “the 1st Appellate Court”) challenging the correctness of the Judgment passed by the Trial Court. By judgment dated 01.04.2008, the learned 1st Appellate Court dismissed the appeal, thereby confirming the conviction and sentence imposed upon the Appellant/Accused by the Trial Court. Pursuant to the impugned judgment, the Petitioner/Accused preferred the present Revision. 5. I have heard both sides and perused the material on record. 6. Today, when the matter was taken up for hearing, the accused and the 3rd Respondent, who is the son of the complainant, appeared in person and were identified by their respective counsel. The terms of the compromise, as detailed in the affidavit, were read out and acknowledged as true and correct by all parties. As per the Joint Memo filed by the parties, the complainant has 5 stated that the matter has been amicably settled out of court. It is recorded that the accused has paid a sum of Rs.10,000/- (Rupees ten thousand only) in addition to the amount of Rs.40,000/- already paid earlier, thereby making a total payment of Rs.50,000/-. The 3rd respondent has also submitted that he has no objection to allow the present revision. 7. The petitioner has paid an amount of Rs.2000/- (Rupees two thousand only), as directed, towards compounding fee to the Andhra Pradesh High Court Legal Services Committee, Amaravati through Demand Draft No. 631467, dated 24.10.2025, and the receipt has been submitted to the Court. 8. Pursuant to the compromise recorded in I.A.Nos.4 and 5 of 2025, it is stated that both parties have resolved their differences by entered into a Memorandum of compromise. Accordingly, there is no necessity to prosecute the Accused, and the 3rd respondent/complainant has no objection to close the case against the Accused. 9. Upon being satisfied with the terms and conditions of the compromise, and in view of the amicable settlement between the parties, I.A.Nos.4 and 5 of 2025, are allowed. Consequently, the Criminal Revision Case is disposed of by setting aside the judgment dated 01.04.2008 in Crl.A.No.523 of 2004 on the file of learned IX Additional Sessions Judge (FTC), Guntur, which had confirmed the judgment and sentence passed by the learned Judicial First Class Magistrate for Excise, Guntur, dated 22.11.2004 in C.C.No.401 of 2004. Accordingly, the Accused is acquitted under Section 320(8) of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instrument Act. The bail bonds of the accused shall stand discharged. Interim orders passed earlier, if any, shall stand vacated and consequently, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T.MALLIKARJUNA RAO Date: 24.10.2025 MS 6 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.Nos.4 and 5 of 2025 In/and Criminal Revision Case No.1320 OF 2009 Date: 24.10.2025 MS