K. Venkateswar Rao v. The State Of Telangana

HON'BLE SRI JUSTICE P. KESHAVA RAO I.A.NO. 4 OF 2018 IN/ AND CRIMINAL REVISION CASE No.1689 of 2018 ORDER:

Heard the learned counsel for the petitioner as well as the second respondent.

The present revision case is filed questioning the judgment passed in Crl.A.No.616 of 2017 dated 25.06.2018 on the file of the Court of the VIII Additional Metropolitan Sessions Judge-cumSpecial Judge for Economic Offences, at Hyderabad in confirming the judgment dated 28.04.2017 in C.C.No.470 of 2015 on the file of the Court of the XI Special Magistrate, Hyderabad. I.A.No. 4 of 2018 is filed seeking permission of this Court to compound the offence under Section 138 of the Negotiable Instruments Act against the petitioner and to set aside the conviction recorded in Crl.A.No.616 of 2017 dated 25.06.2018, confirming the judgment in C.C.No.470 of 2015 dated 28.04.2018.

In the affidavit of the de facto complainant filed along with the application, it is mentioned that at the intervention of the well wishers, friends and relatives, the matter has been settled out of Court by entering into memorandum of compromise on 26.07.2018 and in lieu thereof, towards full and final settlement, the revision petitioner has already paid Rs.50,000/ - out of Rs.2 lakhs including the compensation to the de facto complainant.

Instruments Act and to set aside the conviction and sentence awarded against the petitioner.

Both parties present today and they are identified by their respective counsel. The xerox copies of the adhaar cards produced as I.D. proof are made part of the record.

Learned counsel appearing for the petitioner has produced the receipt dated 31.07.2018 vide No.1007 evidencing payment of 10% of the cheque amount i.e. Rs.71,400/ - (Rupees seventy one thousand and four hundred only) in favour of the High Court Legal Services Committee, Hyderabad. The said receipt is made as part of the record.

Keeping in view the above said facts and also recording the settlement arrived at between the parties, I.A.No.4 of 2018 is allowed. Consequently, criminal revision case is allowed setting aside the judgment passed in Crl.A.No.616 of 2017 dated 25.06.2018 on the file of the Court of the VIII Additional Metropolitan Sessions Judge-cum-Special Judge for Economic Offences Court, at Hyderabad in confirming the judgment dated 28.04.2017 in C.C.No.470 of 2017 on the file of the Court of the XI Special Magistrate, Hyderabad.

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

___________________ P. KESHAVA RAO, J Date: 31.07.2018.

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HON'BLE SRI JUSTICE P. KESHAVA RAO I.A.NO. 4 OF 2018 IN/ AND CRIMINAL REVISION CASE No.1689 of 2018 Date:31.07.2018 ccm