Akula Vijaya Seetharam v. Jaddu Leela Mrutumjaya And The State Of A.P.

THE HON'BLE SRI JUSTI CE P. KESHAVA RAO I .A.1 OF 2017 IN/AND CRI MI NAL REVI SI ON CASE NO.513 OF 2012 ORDER:

Heard the learned counsel for the petitioner and the learned counsel for respondent No.1.

I.A.No.1 of 2017 is filed to record compromise and set aside the orders passed in C.C.No.2182 of 2008 dated 2.9.2011 on the file of the VI Additional Judicial Magistrate of First Class, Rajahmundry as confirmed in Crl.A.No.385 of 2011 dated 24.2.2012 on the file of the Court of VIII Additional Sessions Judge (Fast Track Court), East Godavari district, Rajahmundry.

The facts in brief are that the petitioner in the present Criminal Revision Case has been charged for the offence under Section 138 of Negotiable Instruments Act. During the pendency of the present Criminal Revision Case, the parties are said to have compromised the matter and in lieu thereof, the petitioner has paid a sum of Rs.2,50,000/- to the complainant/respondent No.1 and requests this Court to compound the offence by setting aside the conviction and sentence imposed on the petitioner. Both the parties are present in the Court and they are identified by their respective counsel.

The xerox copies of the photo Identity Cards produced before this Court are made part of the record.

Having heard both the counsel and in the light of the averments made in the affidavit and the joint memo of compromise filed by the petitioner and respondent No.1, I.A.No.1 of 2017 is ordered.

In the light of the orders passed in I.A.No.1 of 2017, the Criminal Revision Case is allowed by setting aside the judgment passed in Crl.A.No.385 of 2011 dated 24.2.2012 on the file of the Court of VIII Additional Sessions Judge (Fast Track Court), East Godavari district, Rajahmundry, confirming the orders passed in C.C.No.2182 of 2008 dated 2.9.2011 on the file of the VI Additional Judicial Magistrate of First Class, Rajahmundry. The petitioner is directed to deposit 10% of the cheque amount to the Andhra Pradesh Legal Services Authority within a period of one week from today. On such deposit, the Registry is directed to despatch the order copy.

Pending miscellaneous petitions, if any, shall stand closed. __________________ P. KESHAVA RAO,J Date: 1.8.2018 KPM