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2026 DAILYLAW 6740 (AP)

Naragani Siva Subramanyam v. The State of Andhra Pradesh

CRLRC/816/2026 · 2026-07-27

Y Lakshmana Rao

Criminal Appealbody2026

Judgment text

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APHC010369502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.3 and 4 of 2026 In&And CRIMINAL REVISION CASE NO: 816/2026 Between: 1. NARAGANI SIVA SUBRAMANYAM, S/O. VENKATESWARA RAOR/O. AGED 42 YEARS, D.NO. 4/226, LAKSHMI NAGAR COLONY GUDIVADA-521301,KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT OF A.P.AMARAVATI 2. NANDAM GOPICHAND, S/O. VENKATADRI, AGED 43 YEARSCITY TAILORS, R/O. VIJAYA BANK ROADGUDIVADA-521301KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. BALA KRISHNA SASTRY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.R.C.No.816 of 2026 Dated 28.07.2026 COMMON ORDER: The Criminal Revision Case is filed under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, "the BNSS"), by the Petitioner/Accused seeking to set aside the judgment dated 29.06.2016 passed in Criminal Appeal No.165 of 2016 by the learned XI Additional Sessions Judge, Krishna at Gudivada, confirming the judgment dated 30.05.2016 passed in C.C.No.70 of 2014 by the learned Judicial Magistrate of First Class, Gudivada. 2. I.A.No.3 of 2026 has been filed by the Petitioner/Respondent No.2 seeking permission to compromise the case. 3. I.A. No. 4 of 2026 has been filed by the Petitioner/Respondent No.2 seeking to record the compromise entered into between the Petitioner/Respondent No.2 and the Respondent/Accused in the present case. 4. Mr.A.Sai Rohith, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 5. A Joint Memo has also been filed affixing the signatures of the Petitioner and Respondent No.2 as well as their respective Counsels. The Petitioner and Respondent No.2 have amicably settled the matter out of Court in terms of the mutual understanding arrived at between them. 6. In view of the settlement of the dispute between the Petitioner and Respondent No.2, the Criminal Revision Case is disposed of as compromised. 3 Dr.YLR, J Crl.R.C.No.816 of 2026 Dated 28.07.2026 Consequently, the conviction and sentence passed by the learned Additional Judicial Magistrate of First Class, Gudivada, in C.C. No.70 of 2014, dated 30.05.2016, as confirmed in Criminal Appeal No.165 of 2026, dated 29.06.2026, by the learned XI Additional Sessions Judge, Krishna, Gudivada, are hereby set aside. Hence, the Petitioner/Accused is acquitted under Section 320(8) of the Code of Criminal Procedure, 1973. 7. The learned Counsel for the Petitioner submits that the Petitioner is working as a taxi driver and that his earnings are not even sufficient to eke out his livelihood. Therefore, he prays that the Petitioner may be exempted from paying the 7.5% costs as directed by the Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H 1 observed that for compounding an offence under the provisions of the Negotiable Instruments Act before the Revisional Court, i.e., the High Court, the Petitioner is required to pay a certain amount towards costs. However, the Hon’ble Apex Court in Madhya Pradesh State Legal Services Authority v. Prateek Jain2 relaxed the rigor of the judgment in Damodar S. Prabhu supra and observed that in appropriate cases, matters can be compounded at the revision stage either on payment of minimal costs or by waiving the costs in suitable cases. 8. Considering the financial conditions of the Petitioner, the payment of costs is waived. 1 (2010) 5 SCC 663 2 (2014) 10 SCC 690 4 Dr.YLR, J Crl.R.C.No.816 of 2026 Dated 28.07.2026 9. Accordingly, the I.A.Nos.3 and 4 of 2026 are allowed, and the Criminal Revision Case is disposed of as compromised. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt:28.07.2026 KMS 5 Dr.YLR, J Crl.R.C.No.816 of 2026 Dated 28.07.2026 71 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 816/2026 Date: 28.07.2026 KMS