Telangana High Court
B.Naveen Goud vs E.Venkatesh Goud And Anothers on 26 March, 2024
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
I.A.No.1 of 2024
In/And
CRIMINAL REVISION CASE No.2489 of 2011
COMMON ORDER:
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The Criminal Revision Case is filed aggrieved by the judgment dated 14.12.2011 in Criminal Appeal No.285 of 2011 on the file of the learned III Additional Metropolitan Sessions Judge, at Hyderabad (for short, "the appellate Court") in modifying the judgment dated 13.05.2011 in C.C.No.512 of 2010 on the file of the learned XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad (for short, the trial Court").
2. Heard Mr. Sreenivasa Rao Velivela, learned counsel for the petitioner, Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent No.1 State and Mr. Akula Srinivas, learned counsel for respondent No.2
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 2 and that the terms of compromise were reduced into writing in the form of memorandum of compromise and that I.A.No.1 of 2024 has 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 04.01.2024 passed by this Court, the petitioner paid 5% of the settled cheque amount to the Telangana Legal Services Authority vide receipt No.629 dated 12.01.2024 and another 5% to the Telangana High Court Advocates Association vide receipt No.INV012443616 dated 08.01.2024 respectively and seeks to allow the Revision.
5. Learned Assistant Public Prosecutor as well as learned counsel for unofficial respondent No.1 concedes to the same.
6. The appearances of the petitioner and unofficial respondent No.1 are dispensed with.
7. It is apparent from the record that vide order dated 04.01.2024, this Court directed the petitioner to deposit 5% of the settled cheque amount to the credit of Telangana Legal 3 Services Committee, Hyderabad. But the petitioner had deposited the said amount to the credit of Telangana Legal Services Authority. However, as it is a technical error on the part of the petitioner, the said irregularity is hereby condoned.
8. 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.
9. Accordingly, the I.A.No.1 of 2024 and the Criminal Revision Case are allowed and the conviction and sentence recorded against the petitioner in judgment dated 14.12.2011 in Criminal Appeal No.285 of 2011 on the file of the learned III Additional Metropolitan Sessions Judge, at Hyderabad, in modifying the judgment dated 13.05.2011 in C.C.No.512 of 2010 on the file of the learned XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad, is hereby set aside. Consequently, the petitioner/accused shall be set at liberty, forthwith, if he is not required in any other case or crime. The memo shall form part of this order. 4
Miscellaneous petitions, if any pending, in this Revision, shall stand closed.
___________________________ JUSTICE E. V. VENUGOPAL Date: 26.03.2024 ESP 5 THE HON'BLE SRI JUSTICE E. V. VENUGOPAL 163 I.A.No.1 of 2024 In/And CRIMINAL REVISION CASE No.2489 of 2011 Date: 26-03-2024 ESP