Bandari Deepraj v. State Of Telangana
HONOURABLE JUSTICE G. SRI DEVI I.A.No.3 of 2019 In/and CRIMINAL REVISION CASE No.1392 of 2019 ORDER:
This Criminal Revision case is filed under Sections 397 and 401 Cr.P.C. challenging the judgment, dated 20.08.2019 in Criminal Appeal No.888 of 2014 on the file of the XIII Addl. District and Sessions Judge, Ranga Reddy District at L.B. Nagar, in confirming the judgment, dated 31.10.2014 in C.C.No.124 of 2014 on the file of the IV Special Magistrate Court, Ranga Reddy District at Hasthinapuram, L.B. Nagar, wherein the petitioner-accused was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo Simple Imprisonment for a period of two years and also to pay compensation of Rs.10,00,000/- to the complainant within two months, in default to suffer S.I. for six months.
2. During pendency of the Criminal Revision case, I.A.No.3 of 2019 and compromise memo came to be filed by the 2nd respondent to compound the offence and to record the compromise, which is supported by the affidavit of the 2nd respondent, wherein it is stated that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. In terms of the
compromise, the revision petitioner-accused has paid a sum of Rs.5,00,000/-, which is the cheque amount to the 2nd respondent/complainant and the 2nd respondent acknowledged to have received the same.
3. Today, both parties are present before this Court and they are identified by their respective counsel. The parties have produced their Aadhar Cards and photographs, which show their identity. This Court, when examined, both parties have stated that at the instance of the elders, they have settled the matter out of the Court and the 2nd respondent has no objection to allow the Criminal Revision Case.
4. In the light of the compromise arrived at between the parties and the cheque amount has already been paid to the 2nd respondent, the compromise memo filed by both the parties is recorded and I.A.No.3 of 2019 is ordered.
5. Accordingly, the Criminal Revision Case is allowed setting aside the conviction and sentence recorded against the petitioner-accused by the IV Special Magistrate, Court, R.R. District at Hasthinapuram, L.B. Nagar, vide judgment, dated 31.10.2014 in C.C. No.124 of 2014 for the offence punishable under Section 138 of the N.I. Act and as confirmed by the XIII Addl. District and Sessions Judge, Ranga Reddy District at L.B. Nagar, Hyderabad, vide
judgment, dated 20.08.2019 in Crl.A.No.888 of 2014. The petitioner-accused is acquitted of the offence punishable under Section 138 of the N.I. Act. The bail bonds of the petitioner-accused, if any, shall stand cancelled. Both parties are directed to deposit a sum of Rs.10,000/- to the High Court Legal Services Committee, Hyderabad, and a further sum of Rs.5,000/- to the High Court Advocates Association, Hyderabad, within a period of one week from today. Miscellaneous petitions, if any pending shall stand closed.
_______________________ JUSTICE G. SRI DEVI DATED: 03.01.2020.
Hsd
HONOURABLE JUSTICE G. SRI DEVI I.A.No.3 of 2019 In/and CRIMINAL REVISiON Case No.1392 of 2019 Dated: 03.01.2020 Hsd