APHC010117372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 257/2026 Between: 1. YELLAPU RAJESWARA RAO, S/O LATE SURYANARAYANA AGED ABOUT 70 YEARS, R/O. D.NO. 10-2-37,PATHA GAJUWAKA, VISAKHAPATNAM. 2. YELLAPU SIVA SURYA PRAKAS RAO, S/O.LATE SURYANARAYANA, AGED ABOUT 67 YEARSR/O. D.NO.10-2-37, PATHA GAJUWAKA,VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P. AT AMARAVATI. 2. KANDREGULA SHANTHI, W/O K.VENKATA RAO,AGED ABOUT 41 YEARS, R/O.D.NO.50-49-43/4TPT COLONY, SEETHAMMADHARA,VISAKHAPATNAM-530013. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MUSUDI BABJI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. A V S LAXMI 2 Dr.YLR, J Crl.R.C.No.257 of 2026 Dated 17.08.2026 The Court made the following: 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 28.10.2025 passed in Criminal Appeal (MU) No.412 of 2018 by the learned IV Additional District and Sessions Judge, Visakhapatnam, confirming the judgment dated 25.07.2018 passed in C.C.No.54 of 2018 by the learned Special Magistrate- IV, Visakhapatnam. 2. The Petitioners and the Respondent No.2 are present. 3. I.A.Nos.5 & 6 of 2026 are filed to record and permit the compromise the case between the Petitioners and the Respondent No.2. 4. The learned Counsel for the Petitioners and the learned Counsel for Respondent No.2, in unison, submit that the Petitioners have already paid a sum of Rs.8,00,000/- to Respondent No.2 and that the remaining amount of Rs.2,00,000/- has now been paid by the Petitioners to Respondent No.2 by way of D.D. No.722619 for Rs.1,50,000/- and Rs.50,000/- in cash. Thus, the entire cheque amount of Rs.10,00,000/- has been paid by the Petitioners to Respondent No.2. Respondent No.2 acknowledges receipt of the said amount. 5. Mr.A.Sai Rohith, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 3 Dr.YLR, J Crl.R.C.No.257 of 2026 Dated 17.08.2026 6. In view of the settlement of the dispute between the Petitioners and Respondent No.2, the Criminal Revision Case is disposed of as compromised. Consequently, the conviction and sentence passed by the learned Special Magistrate-IV, Visakhapatnam, in C.C.No.54 of 2018, dated 25.07.2018, as confirmed in Criminal Appeal (MU) No.412 of 2018, dated 28.10.2025, by the learned IV Additional District and Sessions Judge, Visakhapatnam, are hereby set aside. Hence, the Petitioners/Accused are acquitted under Section 320(8) of the Code of Criminal Procedure, 1973. 7. The learned Counsel for the Petitioners submits that the Petitioner’s financial condition is precarious. The son of the Petitioner had been suffering from renal problems and had undergone dialysis for a considerable period, due to which the Petitioner incurred substantial expenditure and suffered financial hardship. Unfortunately, the Petitioner’s son subsequently passed away. Therefore, he prays that the Petitioners may be exempted from paying the 7.5% costs as directed by the Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H1 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 1 (2010) 5 SCC 663 2 (2014) 10 SCC 690 4 Dr.YLR, J Crl.R.C.No.257 of 2026 Dated 17.08.2026 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 Petitioners, the payment of costs is waived. 9. Accordingly, the I.A.Nos.5 and 6 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:17.08.2026 KMS 5 Dr.YLR, J Crl.R.C.No.257 of 2026 Dated 17.08.2026 50 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 257/2026 Date: 17.08.2026 KMS