THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
I.A.Nos.1 AND 2 OF 2023
IN/AND
CRIMINAL REVISION CASE No.945 OF 2011
COMMON ORDER:
The Criminal Revision Case is filed under Section 397
r/w. 401 of Criminal Procedure Code to set aside the
judgment, dated 25.02.2011 in Criminal Appeal No.35 of
2010 passed by the I Additional Sessions Judge,
Khammam, which was filed against the judgment, dated
10.02.2010 in C.C.No.158 of 2009, passed by the Judicial
Magistrate of First Class, Manuguru.
2. The petitioner/accused was convicted under Section
255(2) Cr.P.C for the offence punishable under Section 138
of N.I. Act and sentenced to undergo simple imprisonment
for six months and to pay a fine of Rs.500/-, in default of
payment of fine, to suffer Simple Imprisonment for two
weeks.
3. During the pendency of the Criminal Revision Case,
I.A.Nos.1 and 2 of 2023 are filed on 09.03.2023 by the
2
respondent No.2/complainant to permit him to
compromise with the accused in respect of conviction and sentence and to record the compromise between them. Along with the petition, a joint memo was 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 memo has been supported by the affidavit of the respondent No.2 and petitioner.
4. Today, when the matter is taken up for hearing, learned counsel for the revision petitioner submits that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise.
5. In the light 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 Court below against the petitioner/accused.
6. In the result, I.A.Nos.1 and 2 of 2023 are ordered. Consequently, the Criminal Revision Case is allowed in 3 terms of compromise, and the judgment, dated 25.02.2011 in Criminal Appeal No.35 of 2010, passed by the I Additional Sessions Judge, Khammam, which was filed against the judgment, dated 10.02.2010 in C.C.No.158 of 2009, passed by the Judicial Magistrate of First Class, Manuguru are hereby set aside. The bail bonds of the petitioner/accused shall stand closed.
Miscellaneous applications, if any pending in the Criminal Revision Case, shall stand closed.
__________________________________ NAMAVARAPU RAJESHWAR RAO, J Dated: 10-04-2023 CHS