Allapati Bhagyamma vs Burla Subba Reddy,
2021 Latest Caselaw 4536 AP

Citation : 2021 Latest Caselaw 4536 AP
Judgement Date : 8 November, 2021

Andhra Pradesh High Court - Amravati

Allapati Bhagyamma vs Burla Subba Reddy, on 8 November, 2021

                 THE HON'BLE SRI JUSTICE D RAMESH

                              I.A.No.01 of 2021

                                     in/and

               CRIMINAL REVISION CASE No.439 of 2020

COMMON ORDER:-

I.A.No1 of 2021

      This petition is filed by the petitioner/Accused No.1, seeking

permission of this Court to permit the petitioner to compound the

offence by setting aside the sentence of imprisonment and payment

of compensation awarded in C.C.No.275 of 2014 by the Judicial

Magistrate of First Class, Badvel, Kadapa District, which was

confirmed       by   the    Judgment    dated    20.11.2020   passed   in

Crl.A.No.157 of 2018 by the VI Additional Sessions Judge, Kadapa.


2.    Parties shall be referred to as they are arrayed in C.C.No.275

of 2014.


3.    The brief facts of the case are that the complainant filed a

complaint in C.C.No.275 of 2014 on the file of the Judicial

Magistrate of I Class, Badvel, Kadapa District, the petitioner herein

is Accused No.1 and her husband Sri A.Dasaradharami Reddy as

Accused No.2 for the offence under section 138 of Negotiable

Instruments Act [for short N.I. Act]. According to the complaint,

accused 1 and 2 are wife and husband, the accused No.2 borrowed

an amount of Rs.6,00,000/- from the complainant, on 25.07.2013

and executed a promissory note on the even date. Thereafter, he

issued     a   cheque      bearing   No.926453    dated   29.01.2014   for

Rs.6,54,900/- for the entire due of the said promissory note. On

presentation of the cheque, it was dishonored with an endorsement
                                    2




"Funds   insufficient".    After   issuing   statutory   notice,   the

complainant filed the complaint.       The learned magistrate after

enquiry and tiral, through judgment dated 31.07.2018 acquitted

Accused No.2 and convicted the accused No.1 under section 138 of

N.I. Act, and sentenced to undergo Simple Imprisonment for a

period of one year, directing to pay compensation an amount of

Rs.13,09,800/- i.e. double the cheque amount, in default to suffer

Simple Imprisonment for six months.


4.    Aggrieved by the same, accused preferred appeal vide

Crl.A.No.157 of 2018 on the file of learned VI Additional Sessions

Judge, Kadapa and the same was dismissed by confirming the

conviction and sentence imposed by the trial Court. Assailing the

said judgment, the accused filed the present revision to set aside

the conviction and sentence.


5.    Heard learned counsel for the revision petitioner/accused,

learned counsel for the respondent No.1 and learned Additional

Public Prosecutor for respondent No.2-state.

6. A joint memo is filed by both the parties stating that they

have entered into compromise and the complainant received

Rs.6,63,500/- (Rupees Six Lakhs Sixty Three Thousand and Five

Hundred only) from the accused as full and final settlement and

receipts are filed along with joint memo.

7. The parties are present in person before this Court and their

identity is verified with Aadhar cards. It is submitted that in view

of the compromise entered between them, continuation of criminal

proceedings is not necessary and the offence can be compounded

by allowing the revision.

8. Therefore, taking into consideration the facts of the case and