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High Court for State of TelanganaCRLA/782/2013disposed of no costs

M/S. R.P.Enterprises, v. M/S. Sree Megha Tea Company,

2016-07-26Raja Elango1 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.782 of 2013 JUDGMENT:

The Criminal Appeal is preferred by the appellant/accused against the Judgment dated 18.09.2013 passed in Criminal Appeal No.414 of 2010 by the IV Additional Metropolitan Sessions Judge, at Hyderabad, whereby the learned Judge allowed the criminal appeal by setting aside the Judgment of the trial Court in acquitting the appellant/accused, and convicted the appellant herein for the offence under Section 138 of the Negotiable Instruments Act and sentenced to pay a fine of Rs.5,00,000/- (Rupees five lakhs only), in default, he shall undergo simple imprisonment for a period of six months and out of the said fine, Rs.4,00,000/- (Rupees four lakhs only) shall be given to the complainant as compensation. Heard and perused the material available on record.

When the case is taken up for hearing, learned counsel for the appellant submits that the appellant/accused and the first respondent/complainant entered into compromise before the Lok Adalat, that the offence is compounded and that the Lok Adalat passed the order setting aside the conviction and sentence imposed by the lower appellate Court against the appellant/accused. He has also produced the Order of the Lok Adalat to that effect.

This Court is of the view that in view of the Order of the Lok Adalat, there is no need to pass further orders in the criminal appeal. The Criminal Appeal is accordingly disposed of. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.

_____________________ JUSTICE RAJA ELANGO 26.07.2016 pln