Syed Sujathakumari, v. Reesugopi
HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL REVISION CASE No.132 OF 2017 JUDGMENT:
Both the learned counsel, Sri Sasanka Bhuvanagiri, learned counsel representing Sri K.S. Murthy, learned counsel for the revision petitioner, and Sri Joseph (7232), learned counsel for respondent No.1 - complainant, would submit that the matter was earlier referred to Lok Adalat and settled before the Lok Adalat on 08.07.2017 and the revision petitioner, even paid the compounding fee of Rs.52,500/- (Rupees fifty two thousand five hundred only) vide receipt No.2227 dated 05.07.2017.
2. The copy of the award dated 08.07.2017, passed by the Lok Adalath in the present Criminal Revision Case is already placed before the Registry along with the original receipt dated 05.07.2017 issued by the Andhra Pradesh State Legal Services Authority, but, somehow, it did not list the case immediately.
3. The present Criminal Revision case is listed when the learned counsel for the revision petitioner has moved a slip.
4. The learned counsel would submit that the revision petitioner has already paid Rs.3,00,000/- to respondent No.1 on 10.05.2017 and the remaining amount of Rs.50,000/- was already deposited in the trial Court to the credit of C.C. No.371 of 2012 and
ASN,J Crl.R.C. No.132 of 2017 respondent No.1 accepted to withdraw the same. The learned counsel would submit that the revision petitioner has already paid the compounding fee of Rs.52,500/- towards 15% of the cheque (compensation) amount of Rs.3,50,000/- on 05.07.2017 to the credit of Andhra Pradesh State Legal services Authority, Hyderabad, pursuant to the order passed by this Court on 20.01.2017 in Criminal R.C.M.P. No.205 of 2017 which is equivalent to 1/7th of the fine amount awarded by the trial Court.
5. Since the award itself is passed by the Lok Adalath settling the matter and out of the compensation amount of Rs.3,50,000/-, the revision petitioner has already paid Rs.3,00,000/- to the complainant and he is also entitled to receive the remaining amount of Rs.50,000/- which is lying to the credit of the calendar case before the trial Court deposited by the revision petitioner, the Criminal Revision case is allowed in terms of the award passed by the Lok Adalat setting aside the conviction recorded against the revision petitioner including the sentence of imprisonment. The Lok Adalat award shall form part of the record.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the present revision stand closed.
__________________________ A. SHANKAR NARAYANA, J November 15, 2017.
PV