Extracted from the PDF above. The PDF is authoritative.
APHC010052812022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
IA No.1 of 2024 in/and CRIMINAL REVISION CASE NO.119 OF 2022
Between:
Ankam Nageswara Rao ...PETITIONER
AND
The State of AP., rep. by its PP and another ...RESPONDENT(S)
Counsel for the Petitioner:
1. N SIVA REDDY
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR (AP)
2. P RAJESH BABU
The Court made the following: Common Order: This Criminal Revision Case has been filed against the
judgment, dated 31.01.2022, passed in Criminal Appeal No.167 of 2019 by the learned IV Additional District and Sessions
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Judge, West Godavari district at Tanuku, confirming the conviction and sentence imposed by the learned Special Magistrate, Tanuku, in CC No.1000 of 2016 vide judgment dated
01.04.2019.
2. A private complaint has been filed as against the revision petitioner herein for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’). By
judgment dated 01.04.2019, the learned Special Magistrate, Tanuku, found the revision petitioner herein guilty of the offence under Section 138 of the NI Act, accordingly convicted him of the said offence and sentenced him to undergo Simple Imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default of payment of fine, he was ordered to undergo simple imprisonment for a period of two (2) months. Against the said conviction and sentence, the petitioner herein filed Criminal Appeal No.167 of 2019 on the file of the learned IV Additional District and Sessions Judge, West Godavari district at Tanuku. The said Criminal Appeal was dismissed by the appellate Court by
judgment dated 31.01.2022 confirming the conviction and sentence recorded by the learned Magistrate in CC No.1000 of
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2016. Against the said judgment, the petitioner/accused filed the present Revision Case.
3. Pending the Revision Case, both the parties have settled the dispute amicably out of the Court at the intervention of their elders and well wishers. In view of the settlement arrived between both the parties, they filed IA No.1 of 2024 along with joint memo seeking to permit them to compound the offence and to record the compromise.
4. Today, when the case is called, both the revision petitioner and 2nd respondent/complainant are present before this Court. Both the parties are identified by their respective counsel in the open Court. This Court questioned the de facto complainant with regard to compromise and he has categorically stated to that extent that he has voluntarily entered into compromise with the accused and he received the entire cheque amount from the revision petitioner herein towards full satisfaction of the aforesaid claim. He further stated that he is not interested to prosecute the case and he has no objection to acquit the accused of the said offence.
5. Therefore, as the parties have entered into a compromise and compounded the offence in terms of Section 147 of the N.I.
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Act, this Criminal Revision Case is allowed setting aside the impugned judgment of conviction and sentence passed against the revision petitioner, who is the accused in the judgment dated 01.04.2019 in C.C.No.1000 of 2016 on the file of the learned Special Magistrate, Tanuku, which in turn was confirmed in the
judgment dated 31.01.2022 in Criminal Appeal No.167 of 2019 on the file of the learned IV Additional District and Sessions Judge, West Godavari district at Tanuku. The revision petitioner, who is accused, is acquitted of the said offence in terms of Section 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. Accordingly, IA No.1 of 2024 in/and Criminal Revision Case No.119 of 2022 are allowed.
7. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed.
_______________________ K. SREENIVASA REDDY, J Date:08.01.2025 Nsr
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
IA No.1 of 2024 in/and Criminal Revision Case No.119 of 2022
Date:08.01.2025 Nsr