APHC010511752023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 907/2023 Between: 1. E.NAGABUSHANAM, S/O. E. KONDANNA, AGED ABOUT 59 YEARS, OCC. VRO, R/O. D. NO. 2-2-269, AKUTHOTA PALLI VILLAGE, ANANTHAPURAM RURAL MANDAL AND DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMAVARATHI. 2. SMT UPPARA SUJATHA, W/O SRINIVASULU, (DIVERSED) AGED ABOUT 35 YEARS, HINDU, ANANTHAPURAM CITY ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC 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 judgment passed in C.C.No.86/2018 dt.16-08-2022 before the Second special Magistrate, Ananthapuram as confirmed in Criminal appeal No. 51/2022 dt. 22-09-2023 by the principle district and sessions judge, Ananthapuram and pass such IA NO: 1 OF 2023 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 dispense with filing of certified copy of judgment passed in C.C. No. 86/2018, dt.16-08-2022 by the 2nd special Magistrate, Ananthapuram and pass such IA NO: 2 OF 2023 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 suspend the operation of sentence imposed in the judgment in C.C.No.86/2018 dt.16- 08-2022, before the Second special Magistrate, Ananthapuram as confirmed in Criminal appeal No. 51/2022 dt. 22-09-2023 by the principle district and sessions judge, Ananthapuram and pass such IA NO: 1 OF 2024 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 extend the time granted by this Hon’ble Court in I.A.N0. 2 of 2023 in Crl.R.c. No. 907 of 2023 dt, 20.11.2023 in so far as with in a period of 8 weeks from today and pass 2 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 recall the Non-Bailable warrants passed dt. 17.12.2025 in CRLRC No. 907/2023, pending before this Hon'ble Court and pass Counsel for the Petitioner: 1. P NARASIMHULU Counsel for the Respondent(S): 1. SWATHI PALLEBOYINA 2. PUBLIC PROSECUTOR (AP) 3 The Court made the following: ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the Petitioner / Accused aggrieved by the Judgment dated 22.09.2023 passed in Crl.A.No.51 of 2022 on the file of the Court of Principal District and Sessions Judge, Ananthapuramu, which was confirmed in CC No.86 of 2018 on the file of the Court of II Special Magistrate, Ananthapuram. The respondent No.2 herein filed a complaint against the Petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I.Act’) stating that the Petitioner /accused borrowed an amount of Rs.1,00,000/- from the respondent No.2/complainant on 28.10.2013 and executed a pronote on the same day. In lieu of payment of the said amount, the petitioner/Accused issued a cheque in her favour, which was returned with an endorsement ‘funds insufficient’. After following the procedure as contemplated under the provisions of the Negotiable Instruments Act, the respondent No.2/complainant filed complaint which is the subject matter in CC No.86 of 2018 on the file of the Court of II Special Magistrate, Anantapuram. The Learned Magistrate, having considered the evidence adduced on both sides and hearing the parties, found the Petitioner/Accused guilty of the offence under Section 138 of the N.I.Act and convicted him under Section 255(2) of Cr.P.c. and sentenced to undergo simple imprisonment for a period of one year and shall pay a fine amount of Rs.3,00,000/- in default, shall undergo simple imprisonment for a period of five months and on payment of fine amount, the respondent No.2/complainant is 4 entitled to recover/withdraw a sum of Rs.2,90,000/- towards compensation from out of the fine amount. Aggrieved by the same, Petitioner/Accused preferred appeal, vide Crl.A.No.51 of 2022 on the file of the Court of Principal District and Sessions Judge, Ananthapuramu, wherein the learned Sessions Judge vide Judgment dated 22.09.2023 dismissed the appeal confirming the Judgment in CC No.86 of 2018. Questioning the same, the present criminal revision case is filed by the petitioner/Accused. The parties appeared before this Court and identified by their respective counsels on record. The High Court Legal Services Committee submitted the Mediation Report of the Advocate-cum-Mediator dated 09.03.2026, wherein, it is stated that with the consent of both the parties, the issue is settled amicably in the presence of the petitioner and counsel for respondent No.2, in Mediation and Arbitration Centre. During mediation, respondent No.2 stated that she has no objection to withdraw the amount of Rs.60,000/- by the petitioner/Accused as she received the amount due from the petitioner. Learned counsel for the Petitioner would submit that the matter is settled before the High Court Legal Services Committee, Amaravati and in view of the compromise arrived at between the parties, requested to acquit the Petitioner by allowing this Criminal Revision Case. Learned Assistant Public Prosecutor is in attendance. Considering the submissions made and having regard to the facts of the case, this Criminal Revision Case is allowed and the Judgment dated 22.09.2023 passed in Crl.A.No.51 of 2022 on the file of the Court of Principal District and Sessions Judge, Ananthapuramu, which was confirmed in CC No.86 of 2018 on the 5 file of the Court of II Special Magistrate, Ananthapuram are hereby set aside. The Petitioner/Accused is acquitted from this case. The Petitioner shall pay costs of Rs.10,000/- (Rupees ten thousand only) to the High Court Legal Services Committee, Amaravati. The Secretary, High Court Legal Services Committee is directed to spend the said amount to meet the necessities of the children, who are visually challenged. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 11.03.2026 Mjl/* 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL Revision Case No. 907 of 2023 11.03.2026 Mjl/*