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2026 DAILYLAW 7453 (AP)

Chakka Venkata Koteswara Rao v. Bangaru Eswara Vara Prasad

CRLRC/843/2026 · 2026-08-10

Y Lakshmana Rao

body2026

Judgment text

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APHC010382412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.5 and 6 of 2026 IN/AND CRIMINAL REVISION CASE NO: 843 OF 2026 Between: 1. Chakka Venkata Koteswara Rao, S/o. Venkata Narasimha Murty, Aged 61 years, R/o.Maruthi Agro Systems, Rest House Road, Bhimavaram. ...Petitioner AND 1. Bangaru Eswara Vara Prasad, S/o. Vekatachalam Aged 60 years, R/o. Bhimavaram. 2. State of AP, The Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondents Counsel for the Petitioner: K L N SWAMY Counsel for the Respondents: B R S KALYAN REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: COMMON ORDER: The Criminal Petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.’)/Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), aggrieved by the judgment and sentence passed in C.C.No.250 of 2019 dated 20.04.2023 on the file of learned II Additional Judicial Magistrate of First Class, Bhimavaram as confirmed in Crl.A.No.159 of 2023 dated 05.01.2026 by the Special Judge for Speedy Trial of Offence under POCSO Act, 2012, Bhimavaram-FAC-III Additional District Judge at Bhimavaram. 2. Heard the learned Counsel for the Petitioner/Accused, the learned Assistant Public Prosecutor and the learned Counsel for Respondent No.1. 3. I.A.No.5 of 2026 has been filed seeking permission to compromise the case. 4. I.A. No.6 of 2026 has been filed seeking to record the compromise entered into between the Petitioner and the Respondent No.1 in the present case. 5. Mr. A. Sai Rohith, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 6. Mr. B.R.S. Kalyan Reddy, learned counsel is appointed as mediator in this Case. Secretary, High Court Legal Services Committee is directed to issue necessary proceedings in this regard. 7. The Petitioner/Accused and Respondent No.1 are present before this Court. The parties were referred to mediation, which was duly conducted in accordance with law. Upon completion of the mediation proceedings, the learned Mediator submitted a report stating that the dispute between the parties had been amicably resolved through mediation. Both parties, who are present before this Court, have unequivocally undertaken that they shall not initiate any civil or criminal proceedings against each other in respect of the subject dispute in future. 8. In view of the settlement of the dispute between the Petitioner and Respondent No.1, the Criminal Revision Case is disposed of. Consequently, the conviction and sentence passed by learned II Additional Judicial Magistrate of First Class, Bhimavaram in C.C.No.250 of 2019 dated 20.04.2023 as confirmed by the learned Special Judge for Speedy Trial of Offence under POCSO Act, 2012, Bhimavaram-FAC-III Additional District Judge at Bhimavaram in Crl.A.No.159 of 2023 dated 05.01.2026 are hereby set aside. Hence, the Appellant/Accused is acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. 9. As directed by the Hon’ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H 1 ., it is observed that for compounding an offence under the provisions of the Negotiable Instruments Act before the Revisional Court, i.e., 1 (2010) 5 SCC 663 the High Court, the Petitioner is required to pay a certain amount towards costs. 10. Having regard to the financial conditions of the Petitioner, the Petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards costs to the High Court Legal Services Committee. 11. The learned counsel for the Petitioner submits that the aforesaid costs have been paid. The same is recorded. 12. In view of the settlement arrived in between the parties and the payment of the costs as directed above, the offence under Section 138 of the Negotiable Instruments Act, 1881, is compounded. Accordingly, the Criminal Revision Case is disposed of as compromised. There shall be no order as to costs. As a sequel, all pending miscellaneous petitions, if any, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Date: 11.08.2026 JLSR 160 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.5 and 6 of 2026 IN/AND CRIMINAL REVISION CASE NO: 843 OF 2026 11.08.2026 JLSR