K. Gopi v. J. Bhojya And Another

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL REVISION CASE No.62 OF 2022 ALONG WITH I.A.NOs.2 AND 3 OF 2022 COMMON ORDER:

This Criminal Revision Case is filed seeking to quash the judgment dated 19.01.2022 passed in Crl.A.No. 636 of 2018 by the IV Additional Metropolitan Sessions Judge, Hyderabad, confirming the judgment dated 14.06.2018 passed in C.C.No.481 of 2015 (old C.C.No.1334 of 2015) by the XI Special Magistrate, Hyderabad. The petitioner herein is the accused in the said appeal. The offence alleged against the petitioner herein is under Section 138 of the Negotiable Instruments Act. 2.

Heard Sri C.Sharan Reddy, learned counsel for the petitioner, and Sri Khaja Vizarath Ali, learned Asst. Public Prosecutor for the State and Sri Manne Venugopal, learned counsel for the 1st respondent. Perused the record. 3.

During the pendency of the present revision, the parties have compromised the matter and, accordingly, respondent No.1 filed I.A.Nos.2 and 3 of 2022 to permit to compound the offences and to compromise the case.

4.

Vide order dated 14.03.2022, this Court, after recording the submissions made by the learned counsel for the petitioner as well as respondent No.1, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification on or before 23.03.2022 and also directed the Secretary to submit a report by 23.03.2022. In compliance with the said order, the Secretary has submitted his report, on 21.03.2022.

5.

In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 14.03.2022, the petitioner and the 1st respondent have appeared before him along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established.

6.

The parties herein have filed a joint memo of compromise stating that at the intervention of the elders, they have settled the disputes between them amicably and 1st respondent has no objection to quash the proceedings against the petitioner herein

in the above appeal. The said joint memo of compromise and the report of the Secretary are placed on record. 7.

In view the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad and also in view of the compromise entered between the petitioner and respondent No.1, I.A.Nos.2 and 3 of 2022 are allowed. Consequently, the Criminal Revision Case is allowed and the judgment dated 19.01.2022 passed in Crl.A.No. 636 of 2018 by the IV Additional Metropolitan Sessions Judge, Hyderabad, confirming the judgment dated 14.06.2018 passed in C.C.No.481 of 2015 (old C.C.No.1334 of 2015) by the XI Special Magistrate, Hyderabad, is hereby quashed against the petitioner, subject to payment of an amount of Rs.5,000/-(Rupees Five Thousand Only) in favour of the Director, Sainik Welfare, Hyderabad, (Savings A/c.No.

52188926279, State Bank of India, Shantinagar Branch & 20070, IFSC Code: SBIN0020070, MICR No. 500004057) within ten (10) days from today, and file proof of the same into the Registry.

8.

As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.

__________________ K. LAKSHMAN, J Date: 29.03.2022 Note: Registry is directed to upload/supply certified copy of the order only on deposit of the costs as ordered above.

b/o.vvr