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High Court for State of TelanganaCRLRC/126/2015compromise

U.Sathyanna, Mahabubnagar Dt., v. A.Narsimha Swamy, Mahabubnagar, Rep Pp.,

2022-12-02G.Radha Rani4 pages

THE HON'BLE Dr. JUSTICE G. RADHA RANI I.A. Nos.1 and 2 of 2022 IN/AND CRIMINAL REVISION CASE No. 126 of 2015 ORDER:

This Criminal Revision Case is filed by the petitioner - accused against the judgment dated 29.01.2015 in Crl.A.No.32 of 2014 passed by the IX Additional District & Sessions Judge, at Wanaparthy, confirming the judgment in S.T.C.No.227 of 2003 dated 05.03.2014 passed by Judicial Magistrate of First Class, Special Mobile, Nagar Kurnool, Mahaboob Nagar.

2. During the pendency of the present revision case, the appellant has filed I.A.Nos.1 and 2 of 2022 seeking permission to compromise the matter by recording the terms of compromise and to quash the proceedings against the petitioner in the said Crime, since they had settled the matter out of Court.

3. Today, the complainant and the accused appeared before this Court. They filed copies of their Aadhar cards in proof of their identity and they are identified by their respective counsel. The parties have also filed a Joint Memo. The complainant stated that

he intended to compromise the matter with the petitioner - accused on the intervention of the elders and well wishers. Both parties submitted that they voluntarily entered into the compromise and there is no fraud, coercion or undue influence against them. The complainant agreed to withdraw the complaint filed by him under Section 138 of the NI Act without receiving any amount. The complainant submitted that he is not intending to proceed against the petitioner/accused in view of the said compromise. 4.

Considering the submissions of both the parties and the petition filed by them, it is considered fit to allow the parties to compromise the matter.

5.

In the result, I.A.Nos.1 and 2 of 2022 are allowed recording the compromise between the parties.

Consequently, Crl.R.C.No.126 of 2015 is allowed setting aside the judgment dated 29.01.2015 in Crl.A.No.32 of 2014 passed by the IX Additional District & Sessions Judge, at Wanaparthy, wherein the appellate court confirmed the judgment of conviction and sentence imposed against the petitioner-accused in S.T.C.No.227 of 2003

dated 05.03.2014 passed by the Judicial Magistrate of First Class, Special Mobile, Nagar Kurnool, Mahaboob Nagar. The petitioneraccused is acquitted for the offence under Section 138 of the Negotiable Instruments Act. The bail bonds of the accused shall stand cancelled.

6.

However, the revision petitioner-accused is directed to deposit 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 receipt of copy of this order.

Miscellaneous petitions pending, if any, shall stand closed. _____________________ Dr. G. RADHA RANI, J December 02, 2022 SS/DGR

THE HON'BLE Dr. JUSTICE G. RADHA RANI I.A. Nos.1 and 2 of 2022 in Crl.R.C.No.126 of 2015 AND CRIMINAL REVISION CASE No. 126 of 2015 December 02, 2022 SS/DGR