K. Kiran Chowdary, Hyd v. P.P., Hyd And Ano

HON'BLE SRI JUSTICE P. KESAVA RAO I.A.No.1 of 2019 in/and CRIMINAL REVISION CASE No.778 of 2015 ORDER :

I.A.No.1 of is filed to permit the petitioner/Accused and respondent No.2/complainant in the revision to compound the offence punishable under Section 138 of the Negotiable Instruments Act, since the matter has been settled outside the Court at the instance of elders and well wishers.

Along with the application, a copy of Memorandum of Compromise/Joint Memo dt.24.12.2019 signed by both the parties along with their respective counsel and also copies of Aadhar Cards belonging to the petitioner/Accused and respondent No.2/complainant are filed. The same are made part of the record.

From a perusal of the Memorandum of Compromise/ Joint Memo dt.24.12.2019, it is revealed that on the advice of elders and well wishers on both sides, respondent No.2/complainant entered into compromise with the petitioner/Accused. As per the said compromise, respondent No.2/complainant agreed to receive an amount of Rs.5,50,000/- from the petitioner/Accused towards full and final settlement of the amount covered by the disputed

cheque. It is also revealed that the petitioner/Accused already paid the above said amount of Rs.5,50,000/- (Rupees five lakhs fifty thousand only) to respondent No.2/complainant and respondent No.2/complainant absolutely has no objection if the judgments passed by the trial Court as well as the lower appellate Court are set aside.

The petitioner/Accused and respondent No.2/ complainant are present before this Court and they are identified by their respective counsel.

On being questioned in the open Court, the petitioner/Accused as well as respondent No.2/complainant accepted that they have entered into the compromise voluntarily, whereunder the petitioner/Accused paid an amount of Rs.5,50,000/- towards full and final settlement of the disputed cheque amount and the same has been accepted by respondent No.2/complainant.

Having heard the learned counsel for the respective parties and in the light of averments made in the affidavit filed in support of the application, I.A.No.1 of 2019 is ordered. Consequent upon allowing of I.A.No.1 of 2019, the judgment dt.19.10.2012 in C.C.No.181 of 2012 passed by the learned II Special Magistrate, Kukatpally at Miyapur, Ranga Reddy District, as confirmed vide judgment dt.04.04.2015 in Crl.A.No.578 of 2012 passed by the learned Additional

Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar, is set aside.

Accordingly, this Criminal Revision Case is allowed. As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________ JUSTICE P. KESAVA RAO 24.12.2019.

Msr

HON'BLE SRI JUSTICE P. KESAVA RAO I.A.No.1 of 2019 in/and CRIMINAL REVISION CASE No.778 of 2015 24.12.2019 (Msr)