Gadila Prabhakar Reddy v. The State Of Telangana
HONOURABLE JUSTICE G. SRI DEVI I.A.No.1 of 2019 In/and CRIMINAL APPEAL No 2137 of 2018 ORDER:
1) The appellant, who is the complainant in C.C.No.275 of 2015 on the file of the IX Special Magistrate, Hasthinapuram, L.B.Nagar, Ranga Reddy District, filed this Criminal Appeal under Section 378 (4) of Cr.P.C. challenging the acquittal of the second respondent/ accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in the above C.C. 2) During pendency of the Criminal Appeal, I.A.No.1 of 2019 came to be filed by the second respondent to record the compromise. The joint memo filed by both the parties along with the said petition would disclose that at the intervention of elders and well wishers, the parties have settled their disputes. 3) Today, the parties are present before this Court and they also filed their proof of identification. 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 complainant has no objection for dismissal of the appeal. The Joint Memo filed by both the parties also indicates the same.
4) Taking into consideration the settlement arrived at between the parties and since the complainant is not interested to prosecute the case against the second respondent, continuation of
proceedings against the second respondent in the above appeal would amount to an abuse of process of law.
5) Accordingly, I.A.No.1 of 2019 is ordered. Consequently, the Criminal Appeal is disposed of in terms of compromise and the judgment passed in C.C.No.275 of 2015 on the file of IX Special Magistrate, Hasthinapuram, L.B.Nagar, Ranga Reddy District, is hereby confirmed. However, both the parties are directed to deposit an amount of Rs.5,000/ - before the High Court Legal Services Committee, Hyderabad. Miscellaneous petitions, if any, pending, shall stand closed.
________________ JUSTICE G. SRI DEVI 04.06.2019 gkv
HONOURABLE JUSTICE G. SRI DEVI I.A.No.1 of 2019 In/and CRIMINAL APPEAL No 2137 of 2018 Dated: 04.06.2019 gkv