Telangana High Court
Ramagiri Pullaiah vs S.V.Ramana Reddy And The State Of A.P. on 22 April, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1970 of 2012
ORDER:
This revision is filed by the petitioner / Accused, challenging the Judgment of the learned Judge, Family Court
- cum - Additional Sessions Judge, Khammam, dated 28-09-2012 in Crl.A.No.78 of 2009, confirming the Judgment passed by the learned II Addl. Judicial Magistrate of First Class, Kothagudem, in C.C.No.19 of 2006, dated 13-07-2009, convicting the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act (for short, 'the Act'), and sentencing him to undergo simple imprisonment for a period of six (6) months.
2. Heard. Perused the record.
3. Learned counsel appearing for the 1st respondent / complainant would submit that with the intervention of elders both the complainant and accused have settled their issues outside the Court and they are not intending to prosecute the present Criminal Revision Case. 2
4. Learned counsel appearing for the both the parties would submit that in accordance with the judgment of Hon'ble Apex Court and in compliance of order dated 19-03-2024 passed by this Court, compounding fee of Rs.15,000/- was paid to the High Court Legal Services Committee and Telangana High Court Advocates' Association (Rs.7,500/- each). In proof of the same, receipts dated 22-03-2024 have been filed. They are placed on record.
5. In view of the settlement between the parties and since the offence is compoundable under Section 142 of the Act, this Court deems it appropriate to record the submission made by both the counsel on record and accordingly, the conviction and sentence recorded by the trial Court and confirmed by the appellate Court are liable to be set aside.
6. Accordingly, this Criminal Revision Case is allowed setting aside the conviction and sentence recorded by the learned II Addl. Judicial Magistrate of First Class, Kothagudem, in C.C.No.19 of 2006, dated 13-07-2009, for 3 the offence punishable under Section 138 of Negotiable Instruments Act, confirmed by the learned Judge, Family Court - cum - Additional Sessions Judge, Khammam, dated 28-09-2012 in Crl.A.No.78 of 2009, and the revision petitioner /Accused is acquitted. The bail bonds, if any, shall stand cancelled As a sequel, miscellaneous applications, if any, pending shall stand closed.
__________________ K. SURENDER, J April 22, 2024 PN