HON'BLE SRI JUSTICE K. SREENIVASA REDDY
IA No.3 of 2022
in/and
Criminal Revision Case No.1007 of 2022
Common Order:
This Criminal Revision Case has been filed against the
judgment, dated 28.09.2022, passed in Criminal Appeal No.229 of
2017 by the learned V Additional Metropolitan Sessions Judge,
Vijayawada, confirming the conviction and sentence imposed by the
learned I Special Magistrate, Vijayawada, in CC No.232 of 2017,
dated 08.09.2017.
2. A private complaint has been filed as against the revision
petitioner herein for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 (for short 'the Act'). By judgment
dated 08.09.2017, the learned I Special Magistrate, Vijayawada,
found the revision petitioner herein guilty of the offence under
Section 138 of the NI Act and convicted and sentenced him to
undergo S.I for six (6) months and to pay a fine of Rs.5,00,000/- and
in default of payment of fine amount, he was ordered to undergo
simple imprisonment for a period of six (6) months. Out of the fine
amount, an amount of Rs.4,90,000/- was ordered to the complainant
as compensation under Section 357(1)(b) Cr.P.C. Against the said
conviction and sentence, the petitioner herein filed Criminal Appeal
2
No.229 of 2017 on the file of the learned V Additional Metropolitan
Sessions Judge, Vijayawada. The said Criminal Appeal was dismissed
by the learned Sessions Judge by judgment dated 28.09.2022
confirming the conviction and sentence recorded by the learned
Magistrate in CC No.232 of 2017. Against the said judgment, the
petitioner/accused has filed the present Revision Case.
3. Pending the Revision Case, both the parties have settled the
dispute amicably out of the Court at the intervention of their elders
and well wishers. In view of the settlement arrived between both the
parties, they filed IA No.3 of 2022 along with joint memo seeking to
permit them to compound the offence and to record the compromise.
4. Today, when the case is called, both the revision petitioner and
the 2nd respondent/complainant are present before this Court. Both
the parties are identified by their respective counsel in the open Court. This Court has questioned the de facto complainant with regard to compromise and he has categorically stated to that extent that he has voluntarily entered into compromise with the accused and he received the entire cheque amount from the revision petitioner herein towards full satisfaction of the aforesaid claim. He further stated that he is not interested to prosecute the case and he has no objection to acquit the accused of the said offence. 3
5. Therefore, as the parties have entered into a compromise and compounded the offence in terms of Section 147 of the N.I. Act, this Criminal Revision Case is allowed setting aside the impugned judgment of conviction and sentence passed against the revision petitioner, who is the accused in the judgment dated 08.09.2017 in C.C.No.232 of 2017 on the file of the I Special Magistrate, Vijayawada, which in turn was confirmed in the judgment dated 28.09.2022 in Criminal Appeal No.229 of 2017 on the file of the learned V Additional Metropolitan Sessions Judge, Vijayawada. The revision petitioner, who is accused, is acquitted of the said offence in terms of Section 320(8) Cr.P.C.
6. Accordingly, IA No.3 of 2022 in/and Criminal Revision Case No.1007 of 2022 are allowed.
7. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed.
_____________________ K. SREENIVASA REDDY, J Date:04.11.2022 Nsr 4 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Revision Case No.1007 of 2022 Date:04.11.2022 Nsr