APHC010373332022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 664/2022 Between: 1. INDUPALLI RAVI CHANDH,, S/O.ALIFRED, AGED ABOUT 50 YEARS, R/O.D.NO.32-25-1/8A, AMOS STREET, MOGHALRAJAPURAM, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDINGS, AT AMARAVATHI, GUNTUR DISTRICT. 2. THAMMA SUBBA REDDY DIED, THAMMA SUBBA REDDY (DIED) 3. THAMMA KOTESWARI, W/O.THAMMA SUBBA REDDY, AGED ABOUT 58 YEARS ITIO.D.NO.12-600, NEAR MANIPAL HOSPITAL, SUNDARIAH NAGAR, TADEPALLI MANDAL, GUNTUR DISTRICT. 4. THAMMA NGARJUNA REDDY, S/O.LATE SUBBA RAO, AGED ABOUT 33 YEARS, R/O.D.NO.12-600, NEAR MANIPAL HOSPITAL, SUNDARIAH NAGAR, TADEPALLI MANDAL, GUNTUR 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 topleased to call for the entire records of Judgment dated 19-07-2022 in Crl.A.No. 219 of 2018 on the file of the Court of the V Additional Metropolitan Sessions Judge, Vijayawada, while confirming the Calendar and Judgment dated 16-08-2018 in 2 C.C.No. 12 of 2017 on the file of the Court of the IV Addl. Metropolitan Magistrate cum IV Addl. Junior Civil Judge, Vijayawada, Krishna District, and pass IA NO: 1 OF 2022 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 suspend the operation of Sentence of imprisonment imposed by the Calendar and Judgment dated 16-08-2018 in C.C.No. 12 of 2017 on the file of the Court of the IV Addl. Metropolitan Magistrate cum IV Addl. Junior Civil Judge. Vijayawada, which was confirmed by the Judgment dated 19-07- 2022 in Crl.A.No. 219 of 2018 on the file of the Court of the V Additional Metropolitan Sessions Judge, Vijayawada by enlarging the petitioner on BAIL, pending disposal of the Criminal Revision Case and pass IA NO: 2 OF 2022 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 enlarge the time by two weeks to comply the conditional order dt 01-08-2022 in IA 1/2022 in CRl.Rc. 664/2022 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 permit the Petitioner to record the compromise the matter by paying the compensation along with the cost as awarded by the trial court to the above named Respondent No.3 and 4 in CRL.RC.No.664 of 2022 in the interest of justice and to pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. KAKUMANU JOJI AMRUTHA RAJU 2. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 664 of 2022 & I.A.No1 of 2026 Common Order: This Criminal Revision Case, under Sections 397 and 401 Cr.P.C./ Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’),, has been filed by the appellant/accused aggrieved by the Judgment dated 19.07.2022 passed in Criminal Appeal No.219 of 2018 by the learned V Additional Metropolitan Sessions Judge, Vijayawada. 2. Vide judgment dated 16.08.2018 passed in C.C.No.12/2017 on the file of the learned IV Metropolitan Magistrate-cum-IV Additional Junior Civil Judge, Vijayawada, the petitioner/accused was found guilty of the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act, accordingly convicted him of the said offence and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay fine of Rs.6,10,000/-, out of which, Rs.6,00,000/- shall be paid to the complainant towards compensation under Section 357(3) Cr.P.C. In default of payment of fine, the accused shall undergo SI for six (6) months. On appeal by the petitioner/accused, the appellate Court, vide the impugned judgment, confirmed the conviction recorded by the trial Court. Challenging the same, the present Criminal Revision Case is filed. 3. It is represented that both the parties have settled the dispute amicably out of the Court at the intervention of their elders and well wishers. In 4 view of the settlement arrived between both the parties, they filed I.A.No.1 of 2026 to permit the petitioners to compromise the matter with the accused and to record the compromise. 4. It is stated by complainant in the affidavit filed in support of I.A.No.1 of 2026 that respondent Nos.3 and 4/LRs of complainant agreed to receive Rs.4,80,000/- after deducting Rs.1,20,000/- which was already deposited in the name of 4th respondent towards full and final settlement and withdraw the case against the petitioner and the petitioner paid the amount through Demand Draft. 5. Today, when the case is called, wife and son of the complainant as well as revision petitioner appeared before this Court and submitted that in the light of the compromise arrived between both the parties, the revision may be allowed. Wife and Son of complainant who appeared before this Court would submit that they received the demand draft as agreed and matter may be closed. This Court questioned the LRs of de facto complainant with regard to compromise and they have categorically stated to that extent that they have voluntarily entered into compromise with the petitioner herein and they received the Demand Draft as agreed from the petitioner. 6. In view of the fact that parties entered into a compromise and compounded the offences, this Criminal Revision Case is allowed, setting aside the conviction and sentence recorded in the Judgment dated 19.07.2022 passed in Criminal Appeal No.219 of 2018 by the learned V 5 Additional Metropolitan Sessions Judge, Vijayawada, against the petitioner herein. The petitioner herein is found not guilty of the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act, 1881 and is accordingly acquitted of the said offence. 7. Accordingly, I.A No. 1 of 2026 and Criminal Revision Case are allowed. The Respondent Nos.3 and 4 are entitled to receive Rs.1,20,000/- (Rupees one lakh twenty thousand only) which was deposited in the trial Court. The learned trial Court is directed to recall the fixed deposit and transfer the amount to the respondent Nos.3 and 4 on proper acknowledgement and if necessary the revision petitioner shall attend before the trial Court to give his signatures for withdrawal of the deposited amount. The Secretary, A.P.High Court Legal Services Committee, is directed to utilize the deposited costs amount of Rs.30,000/- (Rupees thirty thousand only) for purchasing necessary items for visually challenged children residing in a Government Home or any Non-Government Organization (NGO). As a sequel thereto, the miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.03.2026 ARB 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 664/2022 Date: 18.03.2026 ARB