Telangana High Court
Diggai Venkata Padma, Khammam Town And ... vs The State Of Telangana, Rep Pp And Anr., on 16 February, 2024
1
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.1858 OF 2017
O R D E R:
The present Criminal Revision Case is filed aggrieved by the judgment dated 05.06.2017 in Criminal Appeal No.150 of 2014 on the file of the learned Special Sessions Judge for Trial of Cases under Schedule Castes and Schedule Tribes (POA) Act-cum- Additional Sessions Judge, at Khammam (for short, "the appellate Court") in confirming the judgment dated 01.10.2014 in C.C.No.410 of 2007 on the file of the learned Special Judicial Magistrate of First Class, at Khammam (for short, "the trial Court").
2. No representation on behalf of the petitioner. Heard Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent No.1 State.
3. There was no representation on behalf of the petitioner on 02.02.2024 and 09.02.2024. Even today also there is no representation on behalf of the petitioner inspite of listing the matter under the caption, "for dismissal". Therefore, this Court is inclined to proceed with the matter on merits of the case as per the decision of the Hon'ble Supreme Court in "Bani Singh and 2 others Vs. State of Uttar Pradesh 1", wherein it was categorically held that the High Court cannot dismiss any appeal for non- prosecution simpliciter without examining the merits.
4. The brief facts of the case are that petitioner/accused obtained loan of Rs.75,000/- on 14.09.2005 from respondent No.2/complainant bank and agreed to pay the same in 60 monthly installments with interest @ 10.25% per annum with monthly rests. As per the account No.30015349222 maintained by the complainant an amount of Rs.86,625/- with interest @ 12% was due as on 07.11.2006. The accused issued cheque bearing No.020576 in favour of complainant bank payable at Corporation Bank, Khammam for an amount of Rs.86,625/- towards part payment of the loan amount. On presentation, the said cheque was returned on 08.11.2006 due to insufficient funds. Therefore, the complainant issued legal notice on 21.11.2006 calling upon her to pay the amount. But the said notice was returned unserved and the accused failed to pay the cheque amount. Therefore, the accused was alleged to have committed the offence punishable under Section 138 of the Negotiable Instruments Act (for short, "the NI Act"). 1 (1996) 4 Supreme Court Cases 720 3
5. The trial Court vide judgment dated 01.10.2014 in C.C.No.410 of 2007 found the accused guilty for the alleged offence and sentenced her to undergo simple imprisonment for a period of six months. Aggrieved thereby, accused preferred an appeal.
6. The appellate Court vide judgment dated 05.06.2017 in Criminal Appeal No.150 of 2014 dismissed the appeal confirming the judgment passed by the trial Court. Assailing the same, the present Revision.
7. Learned counsel for the petitioner would submit that a mistake crept in with regard to the account number of the petitioner in the impugned judgment and the said account number was wrongly typed as No. 30015349222. By filing the letter dated 06.11.2017 issued by the Chief Manager, State Bank of India, he would further submit that the personal loan account of the petitioner bearing No.30015439222 was closed on 06.11.2017 under one time settlement scheme (Rinn Samadhan) and there were no dues to its credit. Therefore, learned counsel seeks to set aside the impugned judgment.
8. A perusal of the record shows that a mistake had crept in with regard to the account number of the petitioner in the 4 impugned judgment. Upon taking into consideration, the letter dated 06.11.2017 issued by respondent No.2 and in view of the fact that the loan amount of the petitioner was settled under 'one time settlement scheme', this Court is of the opinion that nothing survives for adjudication in this Revision and the impugned judgment dated 05.06.2017 in Criminal Appeal No.150 of 2014 on the file of the learned Special Sessions Judge for Trial of Cases under Schedule Castes and Schedule Tribes (POA) Act-cum- Additional Sessions Judge, at Khammam is hereby set aside.
9. Accordingly, the Criminal Revision Case is allowed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 16.02.2024 ESP 5 THE HON'BLE SRI JUSTICE E. V. VENUGOPAL 289 CRIMINAL REVISION CASE No.1858 OF 2017 Dated: 16.02.2024 ESP