Semsani Yugandhar v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI of and .

s No .

.I and Crl.R.C.No.1387 of 2018 COMMON ORDER The criminal revision case is filed under Section 397 read with Section 401 Cr.P.C., against the judgment dated 05.06.2018 passed in Crl.A.No.100 of 2017 by the learned Principal Sessions Judge, Warangal, confirming the judgment dated 17.08.2017 passed in C.C.No.830 of 2012 by the learned VI Additional Judicial Magistrate of First Class, Warangal. 2.

The petitioner/accused was convicted for the offence punishable 138 of Negotiable Instruments Act, 1881 and sentenced to suffer simple imprisonment for a period of six months and to pay a sum of Rs.14,00,000/- towards compensation, in default to suffer simple imprisonment for three months vide judgment dated 17.08.2017 in C.C.No.830 of 2012, and the same was confirmed by the appellate Court vide judgment dated 05.06.2018 in Crl.A.No.100 of 2017. 3.

During pendency of revision, I.A.Nos.2 and 3 of 2019 are filed by both parties seeking leave of this Court to compound the offence and to record compromise as the matter was settled out of the Court and they filed a joint memo of compromise stating that petitioner/accused has paid a sum of Rs.16,50,000/- to the 2nd respondent/complainant towards full and final settlement of all the claims and the 2nd respondent/complainant has acknowledged receipt of the same and prayed to set aside the conviction and sentence imposed by the Courts below. 4.

Today, when the matter came up for hearing, the 2nd respondent/complainant and the petitioner/accused are present and they are identified by their respective counsel. They filed xerox copies of their

aadhar cards along with their photographs before the Court. When this Court enquired the parties, the complainant and the accused stated that they entered into compromise due to intervention of the elders.

5. In view of the compromise arrived at between the parties, it would be appropriate to grant leave to the parties to compound the offence and to set aside the conviction and sentence imposed by the Courts below against the petitioner/accused.

6. In the result, I.A.Nos.2 and 3 of 2019 are ordered. Consequently, the Criminal Revision Case is allowed and the conviction and sentence imposed by the trial Court vide judgment dated 17.08.2017 passed in C.C.No.830 of 2012 by the learned VI Additional Judicial Magistrate of First Class, Warangal, as confirmed by the appellate Court vide judgment dated 05.06.2018 passed in Crl.A.No.100 of 2017 by the learned Principal Sessions Judge, Warangal, are hereby set aside. However, the petitioner/accused is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) before the High Court Legal Services Committee, Hyderabad, and also a sum of Rs.10,000/- (Rupees ten thousand only) to the Bar Association, High Court for the State of Telangana, Hyderabad, within ten days from today.

7. Miscellaneous petitions, if any pending in the criminal revision case, shall stand closed.

_____________ G. SRI DEVI, J 20th December, 2019 sj