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2025 DAILYLAW 9559 (AP)

Devalla Ramana Reddy, v. The State of Andhra Pradesh

CRLRC/209/2024 · 2025-01-23

K Sreenivasa Reddy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010105552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY IA No.1 of 2025 in/and CRIMINAL REVISION CASE NO.209 OF 2024 Between: Devalla Ramana Reddy, ...PETITIONER AND The State Of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: Common Order: This Criminal Revision Case has been filed against the judgment, dated 08.12.2023, passed in Criminal Appeal No.416 of 2019 by the learned IV Additional District and Sessions Judge, Nellore, confirming the conviction and sentence imposed 2 by the learned Special Judicial Magistrate of First Class for trial of Prohibition and Excise Offences, Nellore in CC No.427 of 2016, vide judgment dated 12.12.2019. 2. A private complaint has been filed as against the revision petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’). By judgment dated 12.12.2019, the learned Special Judicial Magistrate of First Class for trial of Prohibition and Excise Offences, Nellore, 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 an amount of Rs.45,50,000/-, being the cheque amount, to the complainant towards compensation under Section 357(3) Cr.P.C., within two (2) months from the date of judgment, in default of payment of compensation to undergo simple imprisonment for a period of three (3) months. Against the said conviction and sentence, the petitioner herein filed Criminal Appeal No.416 of 2019 on the file of the learned IV Additional District and Sessions Judge, Nellore. The said Criminal Appeal was dismissed by the appellate Court, by judgment dated 3 08.12.2023, confirming the conviction and sentence recorded by the learned Magistrate in CC No.427 of 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 2025 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 the extent that he has voluntarily entered into compromise with the petitioner/accused and he received the settled amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) from the revision petitioner herein towards full and final settlement. He further stated that he is not interested to 4 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. 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 12.12.2019 in C.C.No.427 of 2016 on the file of the learned Special Judicial Magistrate of First Class for trail of Prohibition and Excise Offences, Nellore, which in turn was confirmed in the judgment dated 08.12.2023 in Criminal Appeal No.416 of 2019 on the file of the learned IV Additional District and Sessions Judge, Nellore. 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 2025 in/and Criminal Revision Case No.209 of 2024 are allowed. 7. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. _______________________ 5 K. SREENIVASA REDDY, J Date:23.01.2025 Nsr 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY IA No.1 of 2025 in/and Criminal Revision Case No.209 of 2024 Date:23.01.2025 Nsr