M. Sandya Rekha v. Gam Venkanna

HONOURABLE JUSTICE G. SRI DEVI I.A.NOs.3 AND 4 OF 2019 IN/AND CRIMINAL REVISION CASE NO.1166 OF 2019 COMMON ORDER:

The revision petitioner, who is the accused in C.C.No.296 of 2016 on the file of the Special Judicial Magistrate of First Class, Suryapet, filed this Criminal Revision Case under Sections 397 and 401 Cr.P.C. challenging the conviction and sentence passed in the above C.C., for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which was confirmed in Crl.A.No.56 of 2017 on the file of the II Additional Sessions Judge, Nalgonda at Suryapet.

During pendency of the Criminal Revision, I.A.No.4 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.4 of 2019 is ordered.

In view of compromise arrived at between the parties, no further orders are necessary in I.A.No.3 of 2019 and it is, accordingly, closed.

Accordingly, the Criminal Revision Case is allowed in terms of compromise, setting aside the judgments dated 27.02.2017 and 15.10.2019 passed in C.C.No.296 of 2016 on the file of the Special Judicial Magistrate of First Class, Suryapet and in Crl.A.No.56 of 2017 on the file of the II Additional Sessions Judge, Nalgonda at Suryapet, respectively and the petitioner/accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. However, the petitioner and the first respondent are directed to deposit jointly an amount of Rs.10,000/- (Rupees ten thousand only) before the High Court Legal Services Committee, Hyderabad, within a period of one week from the date of this order.

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

____________________ (G. SRI DEVI, J) 6th December 2019 RRB