Yalla Jasmine Joy v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.634 of 2016

JUDGMENT

The present criminal revision case is directed against the judgment dated 08.02.2010 passed in Crl.A.No.247 of 2008 by the learned I Additional Sessions Judge, East Godavari at Rajahmundry.

2. The petitioner-accused faced trial for the offence under Section 138 of Negotiable Instruments Act, 1881 and was convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for two months vide judgment dated 21.07.2008 in C.C.No.75 of 2006 on the file of Additional Judicial First Class Magistrate, Ramachandrapuram. Aggrieved by the same, the petitioner filed Crl.A.No.247 of 2008 and the appellate Court on re-appreciation of the entire material on record dismissed the appeal confirming the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner-accused preferred the present revision.

3. Today, when the matter came up for hearing, the second respondent/complainant and the petitioner-accused are present and are identified by their respective counsel. They stated that the matter has been compromised between the parties and the second respondent has no objection to acquit the accused. They also filed

a joint memo to that effect.

4. In view of the compromise arrived at between the parties, this Court is of the view that the conviction and sentence imposed by the trial Court as confirmed by the appellate Court against the petitioner-accused are set aside and accordingly, she is acquitted for the offence under Section 138 of the Act. Her bail bonds shall stand cancelled.

5 .

Accordingly, the Criminal Revision Case is allowed. Consequently, the Miscellaneous Petitions, if any, pending in this revision shall stand closed.

_______________ RAJA ELANGO, J 11th February, 2016 sj