APHC010293992010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 918/2010 Between: 1. YEERAMSETTI SAMBASIVA RAO, S/O. VENKATESWARA RAO R/O. ADJACENT TO VIJAYA TALKIES, YAX TAILORS, MAIN ROAD, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT, HYDERABAD. 2. DR KALIDINI KOTNI, S/O. DR. K.S.N. RAJU MEDICAL PRACTITIONER TALLAPUDI, NEAR KOVVUR, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toaggrieved by the Judgment of the I Additional Sessions Judge, W.G. Eluru, dt. 27-04-2010 in Crl.A. No. 5 / 2007, confirming the Judgment of the Judicial Magistrate of I Class, Special Mobile Court, Eluru (Camp Court at Kovvur), dt. 20-12-2006, in C.C. No. 154 / 2006, the petitioner herein begs to present this memorandum of Crl.R.C. IA NO: 1 OF 2010(CRLRCMP 1341 OF 2010 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 suspend the execution of sentences passed by the Judicial Magistrate of I -2- I.A. No.1 of 2026 in/and Crl.R.C. No.918 of 2010 Date of order:06.02.2026 Class, Special Mobile Court, Eluru (Camp Court at Kovvur), dt. 20-12-2006, in C.C. No. 154 / 2006 as confirmed by the I Addl. Sessions Judge, W.G. Eluru dt. 27-04-2010 in Crl.A. No. 5 / 2007, and release the petitioner on bail, pending Crl.R.C. in the interests of justice. IA NO: 2 OF 2010(CRLRCMP 1783 OF 2010 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 stay the operation of Judgment in Crl.A.No. 05 of 2007 on the file of the I Addl. Sessions Judge, West Godavari District, Eluru, dt. 27-4-2010 directing the petitioner to pay the compensation amount, pending Crl.R.C., 918 of 2010 before this Hon'ble Court. IA NO: 1 OF 2026 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 compound the offence against the 1 Respondent/Petitioner/Accused by allowing present Criminal Revision Case filed challenging the Judgment made in Criminal Appeal No.05 of 2007 on the file of the Court of the I Additional Sessions Judge, W.G., Eluru dated 27.04.2010 preferred against the Calendar and Judgment made in Calendar Case No.154 of 2006 (old C.C.No.596 of 2001) on the file of the Court of the Judicial Magistrate of I Class Special Mobile Court, Eluru (Camp Court at Kovvur), dated 20.12.2006 the acquit him and pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. SAI GANGADHAR CHAMARTY 2. PUBLIC PROSECUTOR (AP) The Court made the following: -3- I.A. No.1 of 2026 in/and Crl.R.C. No.918 of 2010 Date of order:06.02.2026 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA I.A. No.1 OF 2026 IN/AND CRIMINAL REVISION CASE No.918 OF 2010 COMMON ORDER: 1. The present criminal revision case has been filed challenging the judgment dt.27.04.2010 in Criminal Appeal No.5 of 2007 on the file of the learned I Additional Sessions Judge, West Godavari, Eluru, whereby the learned Sessions Judge confirmed the conviction and sentence against the petitioner vide judgment dt.20.12.2006 passed in C.C. No.154 of 2006 on the file of the Judicial Magistrate of I Class, Special Mobile Court, Eluru (Camp Court at Kovvur). 2. During the pending the criminal revisional case, upon arrival of the compromise, the respondent, who is the complainant, had filed I.A. No.1 of 2026 for recording the compromise arrived at between him and the revision petitioner. 3. The learned counsel for the revision petitioner in revision case has submitted that the petitioner was convicted by the learned Judicial Magistrate of I Class for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque amount of Rs.1,57,890/-. The said order of conviction was confirmed by the learned I Additional Sessions Judge, and hence the present criminal revision case has been preferred. -4- I.A. No.1 of 2026 in/and Crl.R.C. No.918 of 2010 Date of order:06.02.2026 4. It is further submitted that during the pendency of the revision, the parties have amicably settled the dispute. The cheque amount along with compensation has been paid in terms of compromise arrived at between the parties. It is submitted that in view of the compromise, the offence against the revision petitioner, being compoundable in nature, may be permitted to be compounded. 5. The learned counsel for the 2nd respondent has expressed consent to the proposal of the learned counsel for the revision petitioner. 6. The petitioner, namely Sri Yerramsetti Sambasiva Rao and the 2nd respondent/ complainant, namely Dr.Kalidindi Kotnis, are present before this Court. Upon a query, the 2nd respondent has submitted that he has voluntarily consented to the compromise and is fully satisfied with the settlement arrived at between him and the revision petitioner. 7. Considering the entire circumstances of the case and the conduct of the parties, this Court is satisfied that the compromise appears to be without influence and coercion and true and bona fide. Accordingly, I.A. No.1 of 2026 is considered and allowed. 8. Since the parties have compromised and the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature, and furthermore the 2nd respondent has appeared before this Court and voluntarily consented to the compromise, this Court has no option to record the compromise for compounding the offence punishable under -5- I.A. No.1 of 2026 in/and Crl.R.C. No.918 of 2010 Date of order:06.02.2026 Section 138 of the Negotiable Instrument Act against the present revision petitioner. 9. Under the above observation, the order of conviction and sentence passed by the learned trial court in C.C. No.154 of 2006 and confirmed by the learned appellate court in Crl.A.No.5 of 2007, which are impugned in this revision, are hereby set aside. The compromise arrived at between the parties in terms of I.A. No.1 of 2026 is recorded. The revision petitioner be acquitted and set at liberty. 10. The revision petitioner is permitted to withdraw the amount deposited before the learned trial court in pursuance of the orders of this Court in Crl.R.C.M.P. No.1783 of 2010 dated 07.07.2010, by making a specific application before the learned trial court. Upon such application, the learned trial court shall consider and dispose of the said application in accordance with law and refund the amount to the revision petitioner after following due formalities. 11. Accordingly, I.A. No.1 of 2026 is allowed and the criminal revision case is disposed of. 12. Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA BV