HONOURABLE JUSTICE G. SRI DEVI
I.A.NO.2 OF 2021
IN/AND
CRIMINAL REVISION CASE NO.1500 OF 2019
COMMON ORDER:
1. The revision petitioner, who is the sole accused in C.C.No.233 of
2015, on the file of the XIV Special Magistrate, Hyderabad, filed this
Criminal Revision Case under Section 397 and 401 Cr.P.C., challenging
the conviction and sentence passed in the above C.C., for the offence
punishable under Section 138 of the Negotiable Instruments Act, which
was confirmed in Crl.A.No.270 of 2019 on the file of the III Additional
Metropolitan Sessions Judge, Hyderabad.
2. During pendency of the Criminal Revision Case, I.A.No.2 of
2021 came to be filed by the second respondent to record the
compromise and to acquit the petitioner of the offence. Along with the petition, a Joint Compromise Memo came to be filed inter alia stating that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. The said Joint Compromise Memo has been supported by the affidavit of the second respondent.
3. Today, the petitioner/accused and the second respondent are present before this Court and they were identified by their respective counsel. When examined, both the parties have stated before this Court, that at the instance of the elders, they have settled the matter out 2 of the Court and the second respondent has no objection for quashing the proceedings against the petitioner.
4. In the light of the compromise arrived at between the parties, the Joint Compromise Memo filed by both the parties is recorded and I.A.No.2 of 2021 is ordered.
5. Accordingly, the Criminal Revision Case is allowed in terms of compromise, setting aside the Judgment dated 02.03.2016 in C.C.No.233 of 2015 on the file of the XIV Special Magistrate, Hyderabad, and Judgment dated 17.09.2019 in Crl.A.No.270 of 2019 on the file of the III Additional Metropolitan Sessions Judge, Hyderabad, and the petitioner/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, subject to his depositing costs of Rs.15,000/- (Rupees fifteen thousand only), out of which a sum of Rs.10,000/- (Rupees ten thousand only) shall be deposited in favour of the Telangana High Court Legal Services Committee and a sum of Rs.5,000/- (Rupees five thousand only) shall be deposited in favour of the Telangana High Court Advocates' Association, Hyderabad, within a period of one (1) week from today.
6. Miscellaneous applications, if any, pending, shall stand closed.
_______________ (G. SRI DEVI, J) 13th February 2020 lur