THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
I.A.Nos.1 AND 2 OF 2023
IN/AND
CRIMINAL REVISION CASE No.154 OF 2015
COMMON ORDER:
The Criminal Revision Case is filed under Section 397
r/w. 401 of Criminal Procedure Code to set aside the
judgment, dated 02.01.2015 in Criminal Appeal No.479 of
2012 passed by the IV Additional Metropolitan Sessions
Judge, Hyderabad, wherein the learned Sessions Judge
allowed the Criminal Appeal filed by the 1st respondent by
reversing the order of acquittal dated 22.12.2011 passed in C.C.No.127 of 2011 by the XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad.
2. The petitioner/accused was convicted for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced to pay a fine of Rs.2,50,000/-, in default of payment of fine to suffer Simple Imprisonment for 6 months, and out of the fine amount, a sum of 2 Rs.2,30,000/- shall be paid as compensation to the complainant under Section 357 Cr.P.C.
3. During pendency of the Criminal Revision Case, I.A.Nos.1 and 2 of 2023 are filed on 03.01.2023 by the respondent No.2/complainant to permit him to compromise the matter with the petitioner/accused and acquit the revision petitioner by allowing the present revision case. 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.
4. Today, when the matter is taken up for hearing, both the counsel submitted that the matter has been settled out of the Court and further submitted that as per the compromise, the petitioner/accused has to pay an amount of Rs.1,80,000/- towards the full and final settlement against the cheque amount of Rs.2,20,000/- vide cheque bearing No.894044, dated 02.04.2007, which is the subject matter in C.C.No.127 of 2011 and accordingly, the 3 complainant has agreed to forego the difference amount of Rs.40,000/-.
5. 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 and to that extent they paid an amount of Rs.1,80,000/- by way of Demand Draft No.004146 to the respondents and further submits that this Court vide orders dated 05.02.2015 granted interim suspension on condition of depositing 25% of the fine amount of Rs.2,50,000/- and the petitioner/accused has deposited 25% of the fine amount in the Court below, and also submits that the complainant has no objection for withdrawal of 25% of the amount which was deposited in the Court below.
6. 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 4 petitioner/accused. The petitioner/accused is permitted to withdraw 25% of the deposited fine amount.
7. In the result, I.A.Nos.1 and 2 of 2023 are ordered. Consequently, the Criminal Revision Case is allowed in terms of compromise, and the judgment, dated 02.01.2015 in Criminal Appeal No.479 of 2012, passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, reversing the order of acquittal dated 22.12.2011 passed in C.C.No.127 of 2011 by the XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad are hereby set aside.
Miscellaneous applications, if any pending in the Criminal Revision Case, shall stand closed.
__________________________________ NAMAVARAPU RAJESHWAR RAO, J Dated: 24-02-2023 CHS