Dugyala Pradeep Kumar v. N.K.Rayal Lakshmi

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2019 In/and CRIMINAL REVISION CASE No. 2057 of 2018 ORDER:

1) The revision petitioner, who is the accused in C.C.No.50 of 2016 on the file of the VI Special Magistrate, Hyderabad, filed this Criminal Revision Case under Section 397 and 401 Cr.P.C. challenging the conviction and sentence passed in the above C.C., for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which was confirmed in Crl.A.No.1095 of 2017 on the file of the Special Judge for Economic Offences-cumVIII Additional Metropolitan Sessions Judge, Hyderabad. 2) During pendency of the Criminal Revision, I.A.No.2 of 2019 came to be filed by the first respondent to record the compromise. Along with the petition, a joint memo came to be filed duly signed by both the parties, inter alia stating that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. The said joint memo has been supported by the affidavit of the first respondent.

3) Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court. The first respondent has stated that she received the cheque amount through demand draft bearing Nos. 296491 for Rs.4,50,000/ - and

296492 for Rs.2,50,000/ - and she has no objection for setting aside the conviction and sentence imposed against the petitioner/ accused.

4) In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.No.2 of 2019 is ordered.

5) Accordingly, the Criminal Revision Case is allowed in terms of compromise, setting aside the judgments dated 08.09.2017 and 06.07.2018 passed in C.C.No.50 of 2016 on the file of the VI Special Magistrate, Hyderabad and in Crl.A.No.1095 of 2017 on the file of the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge at Hyderabad, respectively and the petitioner/ accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. However, the petitioner is directed to deposit an amount of Rs.10,000/ - before the High Court Legal Services Committee, Hyderabad. 6) Miscellaneous petitions, if any, pending, shall stand closed. ________________ JUSTICE G. SRI DEVI 09.07.2019 gkv

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2019 In/and CRIMINAL REVISION CASE No. 2057 of 2018 Dated: 09.07.2019 gkv