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High Court for State of TelanganaCRLRC/3004/2017allowed no costs

Golla Subba Rao v. Tondapu Subba Rao

2018-06-21P.Keshava Rao2 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO I.A.No.2 of 2018 AND CRIMINAL REVISION CASE No.3004 of 2017 COMMON ORDER:

I.A.No.2 of 2018 is filed to record the compromise and allow the criminal revision case by setting aside the conviction and sentence imposed against the petitioner in C.C.No.639 of 2015 dated 10.03.2016 on the file of the Additional Judicial Magistrate of First Class, Jaggayyapeta, as confirmed in Crl.A.No.75 of 2016 dated 27.10.2017 on the file of the XVI Additional District and Sessions Judge, Nandigama.

The 1st respondent, who is the complainant, filed a sworn affidavit stating that during the pendency of the revision case, with the intervention of the elders and wellwishers, the petitioner and himself have compromised the matter. It is stated that the petitioner agreed to pay a sum of Rs.2,25,000/- (Rupees Two lakhs twenty five thousands only) to him towards full and final settlement and the 1st respondent agreed for the said compromise and to that effect a joint memo is also filed by both the parties. In terms of the said compromise, the 1st respondent agreed to withdraw the present criminal revision case unconditionally. Both the parties are 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.

Having regard to the facts and circumstances of the case and in view of the compromise entered into between the parties, I.A.No.2 of 2018 is allowed.

Consequently, the criminal revision case is allowed. The conviction and sentence awarded against the petitioner/accused by the Additional Judicial Magistrate of First Class, Jaggayyapeta, dated 10.03.2016 in C.C.No.639 of 2015, as confirmed by the XVI Additional District and Sessions Judge, Nandigama, in Crl.A.No.75 of 2016 dated 27.10.2017 are set aside and the accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

Miscellaneous petitions, if any, shall stand closed. _____________________ P. KESHAVA RAO, J Date: 21.06.2018.

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