THE HON'BLE Dr. JUSTICE G. RADHA RANI
I.A. Nos.1,2 and 3 of 2022 in Crl.R.C.No.649 of 2018
AND
CRIMINAL REVISION CASE No. 649 of 2018
ORDER:
This Criminal Revision Case is filed by the petitioner - accused to set aside the judgment dated 31.10.2017 in Crl.A.No.173 of 2015 passed by the VII Additional Sessions Judge, Khammam, confirming the judgment of conviction and sentence imposed in C.C.No.14 of 2010 dated 15.10.2015 on the file of the III Additional Judicial Magistrate of First Class, Khammam.
2. During the pendency of the present revision case, the petitioner-accused has filed I.A. Nos.1 and 2 of 2021 seeking permission to compromise the matter by recording the terms of compromise and to quash the proceedings against the petitioner in the said Crime, since they had settled the matter out of Court.
3. Today, the revision petitioner and the complainant appeared before this Court. They filed copies of their Aadhar cards in proof of their identity and they are identified by their respective counsel. The parties have also filed a Joint Memo. 2nd respondent 2
- complainant stated that he intended to compromise the matter with the petitioner - accused on the intervention of the elders and well wishers.
4. When the matter is taken up for hearing, learned counsel for the revision petitioner submitted that an amount of Rs.4,41,000/- was deposited before the trial court and the petitioner is now handing over the balance amount of Rs.4,41,000/- by way of Demand Draft to the complainant. A memo was filed signed by both the parties and they reported that they voluntarily entered into the compromise without any coercion or force. As such, the compromise is recorded and the revision petitioner is acquitted by allowing the Crl.R.C.No.649 of 2018.
5. As such, I.A. Nos.1 and 2 of 2021 are allowed recording the compromise between the parties for the reasons stated by the petitioner in his affidavit. Consequently, Crl.R.C.No.649 of 2018 is allowed setting aside the judgment dated 31.10.2017 in Crl.A.No.173 of 2015 passed by the VII Additional Sessions Judge, Khammam, confirming the judgment of conviction and sentence imposed in C.C.No.14 of 2010 dated 3 15.10.2015 on the file of the III Additional Judicial Magistrate of First Class, Khammam.
6. I.A.No.3 is filed by the petitioner seeking exemption for payment of costs while compounding the offence in Crl.R.C.No.649 of 2018. For the reasons stated in the accompanying affidavit, it is considered fit to direct the petitioner to pay an amount of Rs.15,000/- only instead of 15% of the cheque amount to be deposited while recording compromise and he is directed to pay the said amount of Rs.15,000/- to the Secretary, Telangana High Court Legal Service Committee, within a period of one week from the date of receipt of copy of this order.
7. Hence, the petitioner-accused is acquitted for the offence under Section 138 of the Negotiable Instruments Act. The bail bonds of the accused shall stand cancelled and the fine amount, if any, paid shall be refunded to the petitioner-accused.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ Dr. G. RADHA RANI, J December 12, 2022 Gms/Gv 4 THE HON'BLE Dr. JUSTICE G. RADHA RANI I.A. Nos.1,2 and 3 of 2022 in Crl.R.C.No.649 of 2018 AND CRIMINAL REVISION CASE No. 649 of 2018 December 12, 2022 Gms/Gv