Telangana High Court
Koppala Venkat Ratnam vs The State Of A.P. And Another on 11 November, 2024
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
I.A.No.1 of 2024
IN/AND
CRIMINAL REVISION CASE No.1638 of 2011
COMMON ORDER:
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The Criminal Revision Case is filed against the judgment dated 19.07.2011 in Criminal Appeal No.85 of 2008 on the file of the learned Judge, Family Court-cum-Additional Sessions Judge, at Khammam (for short, "the appellate Court") confirming the judgment dated 21.05.2008 in C.C.No.217 of 2007 on the file of the learned Judicial Magistrate of First Class, at Manuguru (for short, "the trial Court").
2. Heard Mr.Harinadh Nidamanuri, learned counsel for the petitioner, Mr.Jithender Rao Veeramala, learned Additional Public Prosecutor appearing for respondent No.1-State and Mr.Kiran Reddy Mallarapu, learned counsel for unofficial respondent No.2.
3. When the matter is taken up for hearing, the learned counsel for the petitioner and unofficial respondent No.2, in one voice, submitted that both the parties have compromised the matter and accordingly, I.A.No.1 of 2024 is filed seeking to 2 compound the offence under Section 138 of the Negotiable Instruments Act and to set aside the impugned judgment.
4. Learned counsel for the petitioner, by filing the memo vide U.S.R.No.109183 of 2024, submitted that in compliance of the order dated 24.10.2024 passed by this Court, the petitioner had deposited an amount of Rs.40,000/- to the credit of the High Court Legal Services Committee on 07.11.2024 vide receipt No.1541 and an amount of Rs.40,000/- to the credit of the Telangana High Court Advocates Association vide order INV112456044 dated 07.11.2024.
5. The petitioner and unofficial respondent No.2, along with their respective counsel are present before this Court and they have asserted the terms of compromise.
6. 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 359(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (previously known as Section 320 of Criminal Procedure Code) permission is accorded and the compromise is recorded.
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7. Accordingly, I.A.No.1 of 2024 and this Criminal Revision Case are allowed. Resultantly, the conviction and sentence imposed against the petitioner in judgment dated 19.07.2011 in Criminal Appeal No.85 of 2008 on the file of the learned Judge, Family Court-cum-Additional Sessions Judge, at Khammam 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.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
___________________________ JUSTICE E.V. VENUGOPAL Date: 11.11.2024 ESP