High Court for State of TelanganaCRLRC/1370/2012allowed no costs

Pallerla Rajesham v. The State Of A.P. Rep., By Its Pp And Another

2018-08-28P.Keshava Rao2 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO I.A.No.1 of 2018 AND CRIMINAL REVISION CASE No.1370 of 2012 COMMON ORDER:

Heard the learned counsel for the petitioner and the de facto complainant.

The present revision case is filed questioning the judgment dated 07.08.2012 passed in Crl.A.No.46 of 2011 on the file of the IV Additional Sessions Judge, Karimnagar.

The facts in brief are that the petitioner herein has been convicted and sentenced to undergo imprisonment for a period of one year for the offence under Section 138 of the Negotiable Instruments Act.

During the pendency of the criminal appeal, at the intervention of the elders and well-wishers, the matter has been amicably settled, whereby and whereunder the 2nd respondent/complainant decided to withdraw the proceedings initiated against the petitioner. Accordingly, an application in I.A.No.1 of 2018 is filed seeking permission of the Court to record the compromise and allow the revision case by setting aside the conviction and sentence imposed against the petitioner. Both the parties present and are identified by their respective counsel. They produced the Xerox copies of the Aadhaar cards and the same are made as part of the record. In the memorandum of compromise filed by the petitioner and the complainant, it is stated that in lieu of the settlement, the petitioner agreed to pay a sum of Rs.70,000/- to the complainant towards full and final settlement. However, the petitioner has paid

a sum of Rs.80,000/- to the complainant in the open Court and the complainant has accepted and acknowledged the receipt of the said amount.

In the light of the averments made in the affidavit filed in support of the application and also the contents of the memorandum of compromise filed by the petitioner and the complainant, I.A.No.1 of 2018 is allowed.

Consequent to the orders passed in I.A.No.1 of 2018, the criminal revision case is allowed, setting aside the judgment dated 07.08.2012 passed in Crl.A.No.46 of 2011 on the file of the IV Additional Sessions Judge, Karimnagar, modifying the sentence passed in C.C.No.365 of 2004 dated 19.04.2011 on the file of the Judicial Magistrate of First Class, Peddapalli. The petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five thousand only) in the Telangana Legal Services Authority within a period of one week from today. On such deposit, the registry is directed to dispatch a copy of this order. However, it is clarified that in default of compliance of the above said clause, this order automatically stands vacated.

Miscellaneous petitions, if any, shall stand closed. _____________________ P. KESHAVA RAO, J Date: 28.08.2018.