Andhra Pradesh High Court - Amravati
Ravuru Nagaraju vs The State Of Andhra Pradesh, on 23 September, 2021
Bench: Lalitha Kanneganti
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
I.A.Nos.3 and 4 of 2021
in/and
CRIMINAL REVISION CASE No.404 of 2021
COMMON ORDER:-
I.A.Nos.3 and 4 of 2021
These miscellaneous petitions are filed seeking permission of
this Court to permit the parties to enter into compromise in the
present revision filed against judgment dated 09.06.2021 passed in
Crl.A.No.268 of 2018 by learned Special Judge for Trial of Offences
under SCs and STs (POA) Act -cum- V Additional Sessions Judge,
Nellore District confirming the sentence imposed by learned II
Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore
District in judgment dated 28.08.2018 in C.C.No.178 of 2014 and
acquit the petitioner/accused for the offence punishable under
Section 138 of the N.I. Act
2. The brief facts of the case are that the petitioner/accused
borrowed a sum of Rs.6,00,000/- on 16.07.2012 from respondent
No.2/complainant by executing promissory note in favour of
respondent No.2 agreeing to repay the same with interest at 24%
per annum but he failed to pay the same inspite of repeated
demands. Finally the petitioner issued cheque bearing No.593272
dated 30.09.2013 for Rs.6,00,000/- towards part payment of
alleged debt and the same was dishonoured on its presentation. As
the petitioner did not choose to pay the same even after issuance of
legal notice, respondent No.2 filed the above C.C. The petitioner
was found guilty of the offence under Section 138 read with 142 of
the N.I. Act and was convicted for the said offence. Aggrieved by
the same, the petitioner preferred appeal vide Crl.A.No.268 of 2018
on the file of learned Special Judge for Trial of Offences under SCs
and STs (POA) Act -cum- V Additional Sessions Judge, Nellore and
the same was dismissed by confirming the conviction and sentence
imposed by the trial Court. Assailing the said judgment, the
revision petitioner filed the present revision to set aside the
conviction and sentence.
3. Heard Sri V.Siva Prasad Reddy, learned counsel for the
revision petitioner, Sri Gummadi Stalin Babu, learned counsel for
respondent No.2 and Sri K.Anand Kumar, learned Additional
Public Prosecutor for respondent No.1-state.
4. A joint memo is filed by both the parties stating that on
advice of their friends and elders, they have concluded compromise
terms and accordingly the petitioner agreed to pay an amount of
Rs.3,00,000/- to respondent No.2 and respondent No.2 agreed for
the same. It is submitted that the petitioner paid an amount of
Rs.1,80,000/- on 28.08.2021 as part payment and receipt is also
filed along with compromise memo. As per terms of compromise
the petitioner reported no objection before the trial Court to
respondent No.2 to withdraw remaining amount of Rs.1,20,000/-
which is deposited in Crl.M.P.No.771 of 2018 on the file of V
Additional District Sessions Judge, Nellore.
5. The parties are present through online and they are
identified by their respective counsels. 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.
6. Therefore, taking into consideration the facts of the case and
the joint memo filed by the parties wherein it is stated that the
parties have settled the matter for Rs.3,00,000/- out of which
respondent No.2 received an amount of Rs.1,80,000/- by way of
cash and Rs.1,20,000/- is to be withdrawn by him which was
deposited by the petitioner before the trial Court, towards full and
final settlement, permission is granted to compound the offence
and compromise is recorded. Accordingly, these petitions are
ordered.
Criminal Revision Case No.404 of 2021
6. In view of the order passed in I.A.Nos.3 and 4, this Criminal
Revision Case is allowed by setting aside the conviction and
sentence imposed in judgment dated 28.08.2018 passed in
C.C.No.178 of 2014 on the file of learned II Additional Judicial
Magistrate of First Class, Nellore, SPSR Nellore District as
confirmed by judgment dated 09.06.2021 passed in Crl.A.No.268
of 2018 on the file of Special Judge for Trial of Offences under SCs
and STs (POA) Act -cum- V Additional Sessions Judge, Nellore
District and the accused is acquitted of the offence under Section
138 of Negotiable Instruments Act, 1881.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________________
JUSTICE LALITHA KANNEGANTI
Date: 23.09.2021
IKN
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
(compromise)
CRIMINAL REVISION CASE No.404 of 2021
Date: 23.09.2021
IKN
