M.Rama Krishna v. M.Nageswara Rao

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRL.RC.MP.No.598 of 2017 IN/AND CRIMINAL REVISION CASE No.2276 of 2016 ORDER :

Impugning the concurrent findings of the conviction of the revision petitioner/ accused, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), this revision is maintained by the accused. Heard both sides and perused the material on record. The parties with their respective counsel are present. They filed a petition under Section 147 of the Act, seeking permission to compound the offence under Section 138 of the Act, in view of their compromise.

As per the expressions of the Apex Court in Damodar S.Prabhu Vs. Sayed Babalal1 and R.Vijayan Vs. Baby2, the 10% of the cheque amount of Rs.12,50,000/ -, which comes to Rs.1,25,000/ - is ordered to be payable to the Chief Justice Relief Fund for permitting compounding under Section 147 of the Act. Since the revision petitioner and revision 1st respondent want to pay the said amount, the matter is passed over. Later, compounding fee of Rs.1,25,000/ - is paid vide receipt No.23 1 2010 (5) SCC 663 2 2012 (1) SCC 260

dated 14.02.2017 issued by the Accounts Officer of the High Court and the same is recorded.

In view of payment of compounding fee and compromise of the parties, the offence is compounded and the conviction judgment dated 12.01.2016 in C.C.No.106 of 2014 passed by the Special Metropolitan Magistrate, Cyberabad at Hayathnagar, is set aside. The bail bonds of the accused, if any, shall stand cancelled.

In the result, both the Crl.R.C.MP.No.598 of 2017 and the Crl.R.C.No.2276 of 2016 are allowed.

Miscellaneous petitions, pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:14-02-2017 pab