Shaik Abdul Munaff v. Korrapati Ramanjaneyulu

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRLRCMP (SR) No.23977 OF 2015 AND CRIMINAL REVISION CASE No.1798 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order dated 06.03.2015 passed in Criminal Appeal No.109 of 2012 on the file of the Court of Sessions, Prakasam Division, Ongole, whereby the learned Judge dismissed the appeal confirming the conviction imposed by the trial Court and also issued Non Bailable Warrant (NBW) against the petitioner herein.

Heard and perused the material available on record. When the case is taken up for hearing at the stage of admission, learned counsel for the petitioner as well as counsel for de facto complainant submit that they have filed CrlRCM.P (SR) No.23977 of 2015 seeking permission of this Court to compound the offences, as the petitioner herein and the de facto complainant have settled the issue and consequently, to allow the criminal revision case. Both the parties appeared before this Court. Along with the said application, they have filed the Joint Memo signed by the complainant as well as the petitioner and also the same is signed by the counsel for both the parties. Learned counsel for the complainant submits that the complainant has received the entire cheque amount from the petitioner herein and as such, he is not having any grievance against the petitioner herein.

Considering the fact that the issue is settled between the parties, the CrlRCMP (SR) No.23977 of 2015 is allowed. Consequently, the criminal revision case is allowed and the accused is acquitted of the offences. In view of the order of acquittal, the NBW issued against the petitioner herein is hereby recalled. The criminal revision case is accordingly allowed. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 30.07.2015 pln