THE HONOURABLE JUSTICE G. SRI DEVI
I.A.No. 3 of 2021
and
Crl.R.C.No.278 of 2018
COMMON JUDGMENT
The criminal revision case is filed under Section 397 read with
Section 401 Cr.P.C., against the judgment dated 18.01.2018 passed in
Crl.A.No.74 of 2016 by the learned VII Additional Sessions Judge,
Khammam, confirming the conviction and sentence imposed against the
petitioner/accused vide judgment dated 25.04.2016 in C.C.No.723 of 2013
on the file of Special Judicial Magistrate of First Class, Khammam.
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 one year and also to pay the
cheque amount of Rs.18,00,000/- towards compensation as provided
under Section 357(3) Cr.P.C., to the complainant, and the same was
confirmed by the appellate Court vide judgment dated 18.01.2018 in
Crl.A.No.74 of 2016.
3. During pendency of revision, I.A.No.3 of 2021 is filed by both
parties seeking to compound the offence and to record compromise as the
matter was settled out of the Court. They filed a joint memo of
compromise stating that petitioner/accused has paid a sum of
Rs.4,50,000/- to the 2nd respondent/complainant towards full and final
settlement of all the claims and the 2nd respondent/complainant agreed to receive the said amount and prayed to set aside the conviction and sentence 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 2 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.No.3 of 2019 is ordered. Consequently, the Criminal Revision Case is allowed and the conviction and sentence imposed by the trial Court vide judgment dated 25.04.2016 in C.C.No.723 of 2013 on the file of Special Judicial Magistrate of First Class, Khammam, as confirmed by the appellate Court vide judgment dated 18.01.2018 in Crl.A.No.74 of 2016 on the file of VII Additional Sessions Judge, Khammam, are hereby set aside. However, the petitioner/accused 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