P.Venkateswarlu v. D.Sudha Rani

THE HON'BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.NO.4670 OF 2015 & CRIMINAL REVISION CASE No:1097 OF 2014 ORDER:

1. Aggrieved by the judgment dated 15.5.2014 passed in Criminal Appeal No.314 of 2012 by the learned V Additional District & Sessions Judge (FTC) Ranga Reddy District, confirming the conviction and the sentence imposed in C.C.No:27 of 2012 vide judgment dated 13.6.2012 against the petitioner-accused for the offence under Section 138 of the Negotiable Instruments Act, by the learned VIII Special Magistrate, L.B. Nagar at Hasthinapur, Ranga Reddy District, the present revision is preferred.

2. When the matter has come up for hearing, the complainant filed the above application viz., Crl.R.C.M.P.No.4670 of 2015 along with joint memo of compromise and the affidavit stating that she entered into compromise and the matter was settled out of Court and therefore, she prayed to grant permission to compound the offence under Section 138 of Negotiable Instruments Act and to set aside the conviction and sentence imposed against the petitioner-accused for the above offence.

3. Both the parties as well as their Counsel have signed on the joint memo of compromise. A perusal of the affidavit filed in support of the petition goes to show that the matter was settled and thereby, it is requested to set aside the judgments passed in Criminal Appeal No:314 of 2012 and C.C.No.27 of 2012 and to acquit the petitioner.

4. In view of the amicable settlement of the dispute between the parties and in view of the nature of the proceedings and enabling provisions contemplated under Section 147 of the Negotiable Instruments Act to compound the offences under the Act, the above petition is ordered and the compromise is recorded.

5. Accordingly, the above Crl.M.P. is ordered and the Criminal Revision Case is allowed setting aside the judgment passed in C.C.No:27 of 2012, dated 13.6.2012 by the VIII Special Magistrate, L.B. Nagar at Hasthinapur, Ranga Reddy District, as well as the judgment passed in Crl.A.No:314 of 2012 on 15.5.2014 by the V Additional District & Sessions Judge (FTC), Ranga Reddy District, in view of the compromise entered into by both the parties. Consequently, the petitioner-accused is acquitted for the offence under Section 138 of the Negotiable Instruments Act in the above C.C. It is made clear that this compromise shall form part of the record. ____________________ JUSTICE RAJA ELANGO Dated: 21.12.2015 Nn

THE HON'BLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.NO.4670 OF 2015 & CRIMINAL REVISION CASE No:1097 OF 2014

21.12.2015 Nn.