Telangana High Court
Ajay Kumar Jain vs The State Of Ap., Rep.Byits P.P And ... on 24 January, 2024
THE HON'BLE SRI JUSTICE E. V. VENUGOPAL
I.A.Nos.1, 2 and 3 of 2024
In/And
CRIMINAL REVISION CASE No.1687 of 2011
ORDER:
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The Criminal Revision Case is filed aggrieved by the judgment dated 12.08.2011 in Criminal Appeal No.228 of 2010 on the file of the learned III Additional Metropolitan Sessions Judge, at Hyderabad (for short, "the appellate Court") in modifying the judgment dated 28.06.2010 in C.C.No.484 of 2008 on the file of the learned XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, at Hyderabad (for short, "the trial Court").
2. Heard Mr. Gudi Madhusudhan Reddy, learned counsel for the petitioner and Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for the respondent No. 1 State.
3. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that both the parties have entered into compromise and settled the matter out of Court and that the terms of compromise were reduced into writing in the form of memorandum of compromise and that I.A.Nos.1, 2 2 and 3 of 2024 have been filed seeking permission of this Court to compound the offence under Section 138 of Negotiable Instruments Act and record the terms of compromise between the parties.
4. Learned counsel for the petitioner further contended that pursuant to the order dated 03.01.2024 passed by this Court, the petitioner paid 5% of the settled cheque amount to the Telangana Legal Services Authority and another 5% to the Advocates Association, High Court for the State of Telangana vide Bankers cheque bearing No.572403 dated 12.01.2024 and INV012443849 dated 12.10.2024 respectively and seeks to allow the Revision.
5. In view of the settlement arrived at between the parties no purpose would be served in keeping the proceedings pending. Having regard to the enabling provision of Section.320 of Criminal Procedure Code permission is accorded and the compromise is recorded.
6. Accordingly, I.A.Nos.1, 2 and 3 of 2024 are allowed and the Criminal Revision Case is allowed and the conviction and sentence recorded against the petitioner in judgment dated 3 12.08.2011 in Criminal Appeal No.228 of 2010 on the file of the learned III Additional Metropolitan Sessions Judge, at Hyderabad is set aside. Consequently, the petitioner/accused shall be set at liberty, forthwith, if he is not required in any other case or crime. The memorandum of compromise shall form part of this order.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
___________________________ JUSTICE E. V. VENUGOPAL Date: 24.01.2024 ESP