THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
I.A.Nos.1 & 2 of 2022
IN/AND
CRIMINAL REVISION CASE NO. 623 of 2018
COMMON ORDER:
This Criminal Revision Case is filed by the petitioner
aggrieved by the judgment dated 28.02.2018 passed in
Criminal Appeal No.179 of 2014 by the learned VIII
Additional District and Sessions Judge, West Godavari,
Eluru, whereby and whereunder the judgment dated
27.08.2014 passed in C.C.No.53 of 2013 by the learned
Judicial Magistrate of First Class, Special Mobile Court, West
Godavari, Eluru was confirmed.
2. The facts that led to filing this Criminal Revision
Case, in brief, are that the 1st respondent herein filed
C.C.No.53 of 2013 on the file of the learned Judicial Magistrate of First Class, Special Mobile Court, Eluru, for the offence punishable under section 138 of Negotiable Instruments Act against the Revision petitioner. The said C.C.was allowed and the revision petitioner herein was found guilty for the offence punishable under Section 138 2 of Negotiable Instruments Act and he was sentenced to suffer Simple Imprisonment for a period of six (06) months and to pay a fine of Rs.5,000/- and in default, to suffer simple imprisonment for a period of 1 ½ month.
3. Aggrieved thereby, the revision petitioner herein filed Criminal Appeal No.179 of 2014 on the file of the court of the learned VIII Additional District and Sessions Judge, West Godavari, Eluru and the said appeal was dismissed on 28.02.20218 by confirming the conviction and sentence passed in C.C.No.53 of 2013.
4. Assailing the said judgment, the revision petitioner, who was the appellant in Criminal Appeal No.179 of 2014 and accused in C.C.No.53 of 2013, preferred this Criminal Revision Case.
5. Heard Sri Kambhampati Ramesh Babu, learned counsel for the revision petitioner and Sri T.S.N.Sudhakar, learned counsel for the 1st respondent/complainant and the learned Special Assistant Public Prosecutor for the 2nd respondent-State.
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6. The learned counsel for the revision petitioner and the learned counsel for the 1st respondent/complainant submitted that the matter is settled out of Court and prayed to consider I.A.Nos.1 and 2 and 2022.
7. The 1st respondent/complainant filed I.A.No.1 of 2022 praying this Court to permit him to compromise the case with the revision petitioner and also filed I.A.No.2 of 2022 stating that he has compromised the matter with the revision petitioner and as per the terms of compromise, the revision petitioner agreed to pay him a sum of Rs.1,75,000/- towards full and final settlement of the cheque amount and he has agreed to receive the same and accordingly he has received the said amount and prayed this Court to record the compromise and set aside the conviction and sentence passed against the revision petitioner. A joint memo of the revision petitioner as well as the 1st respondent to the said effect was filed.
8.The revision petitioner and the 1st respondent are present in person before this Court and their identity is 4 verified with Aadhar cards as well as by their respective counsel.
9.In Damodar S.Prabhu vs. Sayed Babalal H1, the Hon'ble Apex Court held that the Court, while exercising power under Section 147 of the Negotiable Instrument Act, can proceed to compound the offence even after recording of conviction by the Courts below.
10. In view of the above settled principle of law, this Court deems it proper to take into consideration the joint memo filed by both the parties. The joint memo reveals that at the intervention of elders and well wishers of both the parties the matter was compromised and the 1st respondent received Rs.1,75,000/- towards full and final settlement of the cheque amount. Therefore, taking into consideration the facts of the case and the joint memo filed by the parties, permission is granted to compound the offence and compromise is recorded.
11. Accordingly, I.A.Nos.1 & 2 of are allowed. 1 (2010) 5 SCC 663 5
12. In view of the orders passed in I.A.Nos.1 & 2 of 2022, the Criminal Revision Case is allowed setting aside the judgment dated 28.02.2018 passed in Criminal Appeal No.179 of 2014 on the file of the Court of the learned VIII Additional District & Sessions Judge, Eluru. Consequently, the judgment dated 27.08.2014 passed in C.C.No.53 of 2013 on the file of the Court of the learned Judicial Magistrate of first Class, Special Mobile Court, Eluru is set aside and the complaint in C.C.No.53 of 2013 is dismissed and the accused (revision petitioner herein) is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act. The fine amount if any paid by him shall be refunded to him.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI Date : 26.09.2022 RR 6 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI I.A.No.1 & of 2022 IN/AND CRIMINAL REVISION CASE NO.623 of 2018 Date : 26.09.2022 RR