HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL REVISION CASE No. 486 OF 2012
ORDER:
This Criminal Revision Case has been filed assailing the judgment dated 20.03.2012 passed in Criminal Appeal No. 172 of 2010 by the Special Sessions Judge for SC/ST Cases-Cum-VII Addl. District and Sessions Judge at Warangal, wherein confirmed the sentence and conviction passed in C.C. No. 923 of 2008 dated 06.07.2010 on the file of I Addl. Judicial First Class Magistrate, Warangal wherein the accused was found guilty of the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the 1881 Act'), convicted and sentenced to undergo simple imprisonment for a period of six months and also to pay a sum of Rs.5,000/-. Out of which, an amount of Rs.3,000/- is ordered to be given to the complainant towards compensation.
2. The parties shall be hereinafter referred to as described in the Magistrate's Court.
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3. During the pendency of the present Criminal Revision case, the complainant filed Execution Petition against the accused vide E.P. No.175 of 2016 on the file of I Addl. Senior Civil Judge, Warangal to issue arrest warrant against the accused and to send him to civil prison under Order 21 Rule 37 of CPC since the complainant also filed O.S. No.602 of 2010 on the file of I Addl. Senior Civil Judge at Warangal against the accused herein for recovery of Rs.2,49,997/- along with interest and subsequently the said suit was decreed.
4. The learned counsel for the accused filed certified copy of order dated 16.03.2021 in E.P. No.175 of 2016 on the file of I Additional Senior Civil Judge at Warangal, wherein it shows that the accused/J.Dr had paid the entire amount to the full satisfaction of the complainant/D.Hr. The learned counsel further submits that the cheque in question was also the subject matter of the criminal proceedings for recovery of the suit amount and accordingly the E.P. was terminated.
5. The learned Assistant Public Prosecutor appearing for the respondent/State takes no objection for the same. 3
6. Recording the said submissions made by the learned counsel for the revision petitioner and the learned Assistant Public Prosecutor appearing for respondent-State, this Court is inclined to dismiss the Criminal Revision Case. The Certified Copies of Application for Execution Petition, Affidavit and Decree will become part of the record.
7. Accordingly, the Criminal Revision case is dismissed. No order as to costs.
Miscellaneous petitions, if any, pending in this criminal revision case, stands closed.
____________________________ JUSTICE E.V.VENUGOPAL Dated: 03.10.2023 Skj 4 HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No. 486 OF 2012 Dated : 03-10-2023 Skj