Yelamareddy Sura Reddy v. Bujjuri Srinivasa Reddy

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.R.C.M.P.No.2731 of 2015 & CRIMINAL REVISION CASE No.553 of 2014 ORDER:

Challenging the judgment dated 19.2.2014 passed by the Judge, Family Court-cum-Additional Sessions Judge at Khammam in Crl.A.No.51 of 2013 confirming the conviction and sentence imposed in C.C.No.952 of 2010 by the I Additional Judicial Magistrate of First Class, Khammam dated 18.3.2013, the petitioner herein preferred the present revision. When the matter is taken up for hearing, both the counsel filed Crl.R.C.M.P.No.2731 of 2015 stating that the parties have entered into compromise and therefore, they 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. Both the parties as well as their counsel have signed on the memorandum of compromise annexed to Crl.R.C.M.P.No.2731 of 2015. The parties, who are present in the Court, also affirmed the same. A perusal of the affidavit filed in support of the petition goes to show that the matter was settled between the parties.

In view of the amicable settlement of the dispute between the parties and in view of the nature of the proceedings and enabling provision contemplated under Section 147 of the Negotiable Instruments Act to compound the offence under the Act, Crl.R.C.M.P.No.2731 of 2015 is ordered and the compromise is recorded. Consequent thereto, the Crl.R.C. is allowed setting aside the judgment in C.C.No.952 of 2010 dated 18.3.2013 passed by I Additional Judicial Magistrate of First Class, Khammam as well as the judgment dated 19.2.2014 in Crl.A.No.51 of 2013 passed by the Judge, Family Court-cum-Additional Sessions Judge at Khammam. It is

directed that this compromise shall form part of the record. Regarding the costs, the petitioner-accused informed this Court that with great financial strain, he has deposited the entire money to the complainant. Hence, this Court is not inclined to impose any costs on the petitioner. Miscellaneous petitions, if any, filed in this revision shall stand closed. _________________ RAJA ELANGO,J 27.08.2015.

Tsr