APHC010284582009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A. No.2 AND 3 OF 2026 IN/AND CRIMINAL REVISION CASE NO: 79/2009 Between: 1. D.RAMAKRISHNA REDDY, S/O D.SIVA RAMI REDDY, EMPLOYEE R/O H.NO.B/B.196, B.CAMP, KURNOOL. ...PETITIONER AND 1. THE STATE OF A P ANOTHER, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. 2. M/S LAKSHMI NARASIMHA FINANCIERS DIED, S.V.R. COMPLEX, NANDYALA ROAD, KURNOOL. REP. BY ITS WORKING PARTNER MR.S.V.RAMESWAR REDDY, S/O S.V.SUBBA REDDY. 3. S VENKATA GOVARDHAN REDDY, S/O. S.V. RAMESWAR REDDY, AGED ABOUT 45 YEARS, R/O. 9-222, PULI VENKATA REDDY STREET, 9TH WARD, KANIGIRI, PRAKASAM, ANDHRA PRADESH. 4. S SWARNA KUMARI, W/O. LATE MR.S.V.RAMESWAR REDDY, AGED ABOUT 65 YEARS, R/O. 9-222, PULI VENKATA REDDY STREET, 9TH WARD, KANIGIRI, PRAKASAM, ANDHRA PRADESH. 5. S VENKATA GIRIDHARA REDDY, S/O. S.V.RAMESWAR REDDY, AGED ABOUT 48 YEARS, R/O. 9-222, PULI VENKATA REDDY STREET, 9TH WARD, KANIGIRI, PRAKASAM, ANDHRA PRADESH. 6. SIRUPA SANDHYA RANI, D/O. S.V.RAMESWAR REDDY, AGED ABOUT 43 YEARS, R/O. 9-222, PULI VENKATA REDDY STREET, 9TH WARD, KANIGIRI, PRAKASAM, ANDHRA PRADESH. SINCE RESPONDENT NO.2 IS DIED, RESPONDENT NO.2 LR'S IS BROUGHT ON RECORD AS RESPONDENT NOS.3 TO 6, AS PER -2- CRL.R.C. No.79 OF 2009 THE COURT'S ORDER DATED 03.08.2026 IN I.A.NO.1 OF 2026 IN CRL.R.C.NO.79 OF 2009. ...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 Crl.R.C., by setting-aside the Judgment passed in Crl.A.No.96 of 2006, dated 26.12.08 on the file of the Prl.Sessions Judge, Kurnool, confirming the conviction and sentence imposed in C.C.No.572 of 2001, dated 27.07.06 on the file of the Judl. Magistrate of First Class, Kurnool and consequently acquit the petitioner/accused. IA NO: 1 OF 2009(CRLRCMP 114 OF 2009) 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 herein on bail by suspending the sentence imposed in C.C.No.572 of 2001, dated 27.07.06 on the file of the Judl. Magistrate of First Class, Kurnool, as confirmed in Crl.A.No.96 of 2006, dated 26.12.08 on the file of the Prl. Sessions Judge, Kurnool, pending disposal of the Crl.R.C. IA NO: 1 OF 2026 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 record the death of Respondent No.2, and implead the above proposed respondents 3 to 6 on record as the legal representatives of the deceased Respondent No.2, and pass IA NO: 2 OF 2026 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 permit the Petitioner to compromise the proceedings Crl.A.No.96 of 2006 on the file of the Principal Sessions Judge, Kurnool confirming the conviction and sentence imposed in C.C.No.572 of 2001 dated 27-7-2006 on the file of the Judicial First Class Magistrate Court, Kurnool, in the interests of justice and pass IA NO: 3 OF 2026 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 compromise the proceedings in Crl.A.No.96 of 2006 on the file of the Principal Sessions Judge, Kurnool, confirming the conviction and sentence imposed in C.C.No.572 of 2001 dated 27-7-2006 on the file of the -3- CRL.R.C. No.79 OF 2009 Judicial First Class Magistrate Court, Kurnool, in the interest of justice and pass IA NO: 4 OF 2026 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 permit Respondents No. 4 to 6 to appear virtually through Video Conferencing to record the compromise in CrI.R.C. No. 79 of 2009, while Respondent No. 3 appears physically before the Court, in the interests of justice and pass such other order or orders Counsel for the Petitioner: 1. P M MITHILESHWARA REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following order: 1. The instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 26.12.2008, passed by the Principal Sessions Judge, Kurnool, in Crl.A.No.96 of 2006, whereby learned Sessions Judge confirmed the judgment dt.27.07.2006 passed by the Judicial Magistrate of I Class, Kurnool, in C.C. No.572 of 2001 for the offence under Section 138 of the Negotiable Instruments Act, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.5,000/- in default of payment of fine, to undergo simple imprisonment for a period of one month. 2. Pending the criminal revision case, the 2nd respondent/ de facto complainant died. Hence, vide order dated 03.08.2026 in I.A. No.1 of -4- CRL.R.C. No.79 OF 2009 2026, the legal representatives of the deceased 2nd respondent were impleaded as respondents 3 to 6 in the present criminal revision case. 3. Learned counsel for the petitioner submits that the petitioner and respondents 3 to 6 have settled the dispute amicably outside the Court. In terms of the said settlement, I.A. No.2 of 2026 has been filed to record the compromise entered into between petitioner and respondents 3 to 6 and filed I.A. 3 of 2026 seeking to quash the proceedings in Crl.A. No.96 of 2006 on the file of the Principal Sessions Judge, Kurnool and the proceedings in C.C. No.572 of 2001 on the file of the Judicial Magistrate of I Class, Kurnool. 4. Heard learned counsel for the parties. Perused the affidavit of respondents 3 to 6 and the joint memo filed by the parties. 5. The petitioner and respondent No.3 are physically present before this Court and respondents 4 to 6 are present before this Court in virtual mode. On being questioned, respondents 3 to 6 submits that the dispute between them and the petitioner/accused has been settled amicably and that respondents 3 to 6 have received the entire cheque amount from the petitioner. Respondents 3 to 6 have also stated in their affidavit that they have entered into the compromise voluntarily and without any coercion or undue influence. 6. The petitioner as well as respondents 3 to 6 have also stated that they have filed the joint memo voluntarily and out of their own volition. -5- CRL.R.C. No.79 OF 2009 7. On the perusal, it appears that the said joint memo has been duly signed by the petitioner as well as respondents 3 to 6 and attested by their respective learned counsel. Considering the entire facts and circumstances of the case, I find no illegality in accepting the compromise entered into between the parties. The offence punishable under Section 138 of the Negotiable Instruments Act is compoundable in nature. Since the parties have amicably settled the dispute, the offence is hereby compounded. 8. Accordingly, I.A. No.2 of 2026 is considered and allowed. The offence under Section 138 of the Negotiable Instruments Act is permitted to be compounded in terms of compromise. Consequently, I.A. No.3 of 2026 is allowed and the conviction and sentence recorded by learned trial court in C.C.No.572 of 2001 and confirmed by learned appellate Court in Crl.A.No.96 of 2006 against the petitioner is hereby set aside in terms of the compromise entered into between the parties. The petitioner is acquitted of the charge under Section 138 of the Negotiable Instruments Act. 9. The criminal revision case is, accordingly, allowed. 10. Miscellaneous petitions, if any, pending in this revision shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dt.07.09.2026 BV