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2026 DAILYLAW 4040 (AP)

KOTHAGUNDLA SURESH v. G. VENKATESWARA RAO and another

CRLRC/614/2018 · 2026-06-29

Subhendu Samanta

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 30.06.2026 Date of uploading : APHC010149092018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 614/2018 Between: 1. KOTHAGUNDLA SURESH, R/O.BOSE CENTRE, TIRUVURU TOWN AND MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. G VENKATESWARA RAO AND ANOTHER, AGRICULTURE, R/O.TIRUVURU TOWNA ND MANDAL, KISHNA DISTRICT 2. THE STATE OF AP, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT, HYDERABAD. ...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 allow the criminal revision case by setting aside the judgment dated 15- 02-2018 passed in Crl.A.No. 66 of 2016 on the file of the XV Additional District and Sessions Judge, Nuzvid confirming the 2 SS,J Crl.R.C.No.614 of 2018 judgment of conviction and sentence imposed in CC.No. 203 of 2015 dated 22-02-2016 on the file of the Principal Junior Civil Judge, at Tiruvuru. IA NO: 1 OF 2018 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 sentence imposed CC.No. 203 of 2015 dated 22-02-2016 on the file of the Principal Junior Civil Judge at Tiruvuru, as confirmed in Crl.A.No. 66 of 2016 dated 15-02-2018 passed in on the file of the XV Addl. District and Sessions Judge, Nuzvid by granting bail to the petitioner herein, pending disposal of the main revision. IA NO: 2 OF 2018 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 vacate the Interim Stay Order granted in I.A No. 1/2018 in Crl.R.C No. 614/2018 Dt. 07.03.2018 IA NO: 1 OF 2021 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 take up the IA.2/2018 in IA 1/2018 in CRl.Rc. 614/2018 under the caption "for being mentioned" and to 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 to enlarge the petitioner on bail by suspending judgment and sentence passed in Crl.A. 66/2016 dt 15-02-2018 on the file of XV Additional District and sessions judge, Nuzvid pending disposal of the above Crl.Rc. 3 SS,J Crl.R.C.No.614 of 2018 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 Vacate the Bail order granted in lA.No. 1/2022 in CrI.RC.No.614/2018 dt: 21-4-2022 and pass 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 may be pleased to Recall of the Bail order granted in lA.No.1/2022 in CrI.RC.No.614/2018 dt:21-4-2022 and pass Counsel for the Petitioner: 1. K MOHAN RAMI REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. M M M SRINIVASA RAO The Court made the following: 4 SS,J Crl.R.C.No.614 of 2018 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 614 of 2018 ORDER: 1. This matter appears today before this Court after the parties arrived at a settlement before the mediator. It appears from the mediator's report that the matter was settled between the parties for an amount of Rs.6,50,000/-. Learned counsel for the parties are present and jointly submit that the parties have settled the matter for an entire amount of Rs.6,50,000/-, which has already been paid to the respondent. 2. The respondent, namely, Gurram Venkateswara Rao, appeared personally before this Court. On enquiry, he submits that settlement amount of Rs.6,50,000/- has already been paid by the petitioner. He further submits that he has no complaint against the petitioner now and has no objection if petitioner being set at liberty. 3. Heard learned counsel for the parties as well as the parties, who are personally present before this Court. It appears that the instant Criminal Revision Case is filed against the judgment of the learned XV Additional District and Sessions Judge, Nuzvid, confirming the judgment of conviction and 5 SS,J Crl.R.C.No.614 of 2018 sentence imposed upon the petitioner by the learned Trial Court in C.C. No.203 of 2015, dated 22.02.2016. The learned Trial Court, while disposing of the said C.C., found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and accordingly convicted and sentenced him to suffer simple imprisonment for a period of one year and to pay a fine of Rs.5,000/-. 4. This revision petition has been pending for a long time. However, during the pendency of the matter, the parties settled the issue between themselves and this court directed parties to appear before the mediator. In terms of the settlement, the petitioner has paid the entire amount of Rs.6,50,000/- to the respondent. Report of mediator has also taken on record. 5. The respondent has assented to the fact that he has received the entire amount. Considering the same, it appears that the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is compoundable in nature, and since the parties have settled the matter before mediator and acted in terms of the settlement, hence, there are no legal impediments to pass necessary order at this juncture. Accordingly offence 6 SS,J Crl.R.C.No.614 of 2018 committed by petitioner under section 138 of Negotiable Instruments Act 1881, is here by compounded in terms of report of mediator. 6. Accordingly, the order of conviction and sentence passed against the present petitioner by the Principal Junior Civil Judge, Thiruvur, in C.C. No.203 of 2015, dated 22.02.2016, which was confirmed by the learned Sessions Judge concerned, is hereby set aside. The petitioner is set at liberty. The bail bonds and sureties standing in favour of the petitioner are also discharged. . With the above observations, the instant Criminal Revision Case is disposed of. Consequently, pending miscellaneous applications, if any, shall stand closed. ___________________________ JUSTICE SUBHENDU SAMANTA Dated:30.06.2026 CMK Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 7 SS,J Crl.R.C.No.614 of 2018 19 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 614/2018 Dated:30.06.2026 CMK