THE HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021
and
Crl.R.C.No.189 of 2019
COMMON JUDGMENT
The criminal revision case is filed under Section 397 read with
Section 401 Cr.P.C., against the judgment dated 11.02.2019 passed
in Crl.A.No.309 of 2017 by the learned Additional Metropolitan
Sessions Judge for Trial of Communal Offence Cases-cum-VII
Additional Metropolitan Sessions Judge, Hyderabad, confirming the
conviction and sentence imposed against the petitioner/accused
vide judgment dated 07.03.2017 in C.C.No.17 of 2016 (old
C.C.No.870 of 2016) on the file of XXI Special Magistrate,
Hyderabad.
2. The petitioner/accused was convicted for the offence
punishable under Section 138 of Negotiable Instruments Act, 1881
and sentenced to undergo simple imprisonment for a period of three
months and to pay a fine of Rs.2,30,000/-, in default to undergo
sentence of imprisonment for one month, and out of the fine amount,
a sum of Rs.2,00,000/- shall be paid to the complainant under
Section 357(1)(b) Cr.P.C., as compensation, and the same was
confirmed by the appellate Court vide judgment dated 11.02.2019 in
Crl.A.No.309 of 2017.
3. During pendency of revision, I.A.Nos.1 and 2 of 2021 are filed
by both parties seeking leave of this Court to compound the offence
and to record compromise as the matter was settled out of the Court
2
and they filed a joint memo of compromise stating that
petitioner/accused has deposited the amount of Rs.2,30,000/- before
the lower Court and the same shall be withdrawn by the 2nd
respondent/complainant and prayed to set aside the conviction and
sentence of fine imposed by the Courts below.
4. Today, when the matter came up for hearing, the 2nd respondent/complainant and the petitioner/accused are present and they are identified by their respective counsel. They filed xerox copies of their aadhar cards before the Court. When this Court enquired the parties, the complainant and the accused stated that they entered into compromise due to intervention of the elders.
5. In view of the compromise arrived at between the parties, it would be appropriate to grant leave to the parties to compound the offence and to set aside the conviction and sentence imposed by the Courts below against the petitioner/accused.
6. In the result, I.A.Nos.1 and 2 of 2021 are ordered. Consequently, the Criminal Revision Case is allowed and the conviction and sentence of fine imposed by the trial Court vide judgment dated 07.03.2017 in C.C.No.17 of 2016 (old C.C.No.870 of 2016) on the file of XXI Special Magistrate, Hyderabad, as confirmed by the appellate Court vide judgment dated 11.02.2019 passed in Crl.A.No.309 of 2017 by the learned Additional Metropolitan Sessions Judge for Trial of Communal Offence Cases-cum-VII Additional Metropolitan Sessions Judge, Hyderabad, are hereby set aside. However, the petitioner/accused 3 and the 2nd respondent/complainant are directed to deposit a sum of Rs.20,000/- (Rupees twenty thousand only) before the High Court Legal Services Committee, Hyderabad, and also a sum of Rs.5,000/- (Rupees five thousand only) before the Bar Association, High Court for the State of Telangana, Hyderabad, within two weeks from today.
7. Miscellaneous petitions, if any pending in the criminal revision case, shall stand closed.
_____________ G. SRI DEVI, J th 9 July, 2021.
sj