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High Court for State of TelanganaCRLRC/1028/2019allowed no costs

Sri. Abhishek Sharma v. Sri. B.Laxmi Narsimha Reddy

2019-09-27G Sri Devi2 pages

HONOURABLE JUSTICE G. SRI DEVI I.A.NO.3 OF 2019 IN/AND CRIMINAL REVISION CASE NO.1028 OF 2019 COMMON ORDER:

The petitioner-accused filed this Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure to set aside the judgment dated 15.06.2017 in C.C.No.291 of 2016 on the file of the XXI Special Magistrate, Hyderabad, for the offence under Section 138 of the Negotiable Instruments Act, 1881, which was confirmed by the judgment dated 19.07.2019 in Crl.A.No.768 of 2017 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad.

During pendency of the Criminal Revision, I.A.No.3 of 2019 came to be filed by the first respondent to record the compromise. Along with the petition, a joint memo came to be filed duly signed by both the parties, inter alia stating that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. The said joint memo has been supported by the affidavit of the first respondent. Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the first respondent has no objection for setting aside the conviction and sentence imposed against the petitioner/accused.

In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.No.3 of 2019 is ordered.

Accordingly, the Criminal Revision Case is allowed in terms of compromise, setting aside the judgments dated 15.06.2017 and 19.07.2019 passed in C.C.No.291 of 2016 on the file of the XXI Special Magistrate, Hyderabad and in Crl.A.No.768 of 2017 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, respectively and the petitioner/accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. However, the petitioner is directed to deposit an amount of Rs.10,000/- (Rupees ten thousand only) before the High Court Legal Services Committee, Hyderabad within two weeks from today.

Miscellaneous applications, if any, pending, shall stand closed.

____________________ (G. SRI DEVI, J) 27th September 2019 RRB