Citation : 2022 Latest Caselaw 795 AP
Judgement Date : 11 February, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CRIMINAL REVISION CASE No.734 OF 2008
(VIRTUAL MODE)
JUDGMENT:
This revision was filed challenging the judgment dated
25.01.2008, passed in Criminal Appeal No.419 of 2005, whereby
the criminal appeal filed by the petitioner-convict was dismissed by
the XI Additional District and Sessions Judge (F.T.C), Guntur at
Tenali and the judgment and order dated 06.09.2005, passed in
C.C.No.190 of 2003 by the II Additional Munsif Magistrate, Repalle
convicting the petitioner for the offence punishable under Section
138 of the Negotiable Instrument Act (for short, "the N.I. Act") and
sentencing to suffer R.I for one year and to pay fine of Rs.5,000/-
and in default to suffer S.I for six months with direction that the
fine amount recovered shall be paid to the
complainant/respondent No.2 as compensation, was confirmed.
By order dated 21.05.2008, the revision was admitted and
the sentence of imprisonment imposed against the petitioner alone
was suspended the petitioner was released on bail subject to
conditions.
As per the proceedings sheet, before the National Lok Adalat,
on 14.12.2019 since the petitioner-accused expressed his inability
to pay the amount as demanded by the complainant, the matter
was referred to regular court.
On 21.12.2021, there was no representation from the side of
the petitioner and it was also represented that Sri Gade
Venkateswara Rao, learned counsel for the defacto-complainant-
respondent No.2 had passed away. Consequently, the notice was
issued to the respondent No.2 to engage some other counsel.
Fresh Vakalat was filed by Sri A. Venkata Durga Rao on behalf of
the 2nd respondent.
Today, also there is no representation from the petitioner's
side.
Sri A. Venkata Durga Rao, learned counsel for the 2nd
respondent-defacto-complainant submits that the petitioner-
accused has died about two years back and the legal
representatives of the deceased if any have not come forward to
pursue this case any further, till date.
Sri A. Venkata Durga Rao, learned counsel for the 2nd
respondent further submits that the 2nd respondent is not
interested any more in the present matter.
In view of the aforesaid, the revision is dismissed as abated.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
________________________ RAVI NATH TILHARI, J Date.11.02.2022.
Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CRIMINAL REVISION CASE No.734 OF 2008
Date:11.02.2022
Gk
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