M.Geethamba vs The State Of Ap., Rep By Its P.P And ...
2022 Latest Caselaw 8827 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             Crl.R.C.No.406 of 2014

ORDER:

The petitioner herein was accused in S.T.C. No.29 of 2009 in the

Court of IV Additional Judicial Magistrate of First Class, Tirupati, Chittoor

District, for the offences punishable under Section 138 of the Negotiable

Instruments Act, 1981. The case ended in conviction against which

Criminal Appeal No.212 of 2011 was filed before the Special Sessions

Judge cum IV Additional Sessions Judge, Tirupati, Chittoor District, which

also ended in a confirmation of the judgment and sentence of the trial

Court. The petitioner has filed the present criminal revision case against

the said confirmation of judgment of the trial Court.

2. Both the petitioner as well as the 2nd respondent

complainant are personally present before this Court and are identified by

their counsel Sri Maheswara Rao Kuncham and Sri O. Uday Kumar

respectively.

3. It is submitted that both sides have arrived at a settlement

in the matter and the de facto complainant is not interested in pursuing

the complaint against the petitioner any more. The de facto complainant

also admits that in terms of the settlement, he has received a Demand

Draft for Rs.50,000/- as full and final settlement of claims against the

petitioner herein.

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                                                   Crl.R.C.No.406 of 2014

4. In view of the above submissions made by the de facto

complainant, exercising the jurisdiction under Section 482 Cr.P.C., the

judgment of conviction and sentence dated 10.08.2011 in S.T.C.No.29 of

2009 on the file of the IV Additional Judicial Magistrate of First Class,

Tirupati and the judgment of sentence dated 28.02.2014 in Criminal

Appeal No.212 of 2011 on the file of the Special Sessions Judge cum IV

Additional Sessions Judge, Tirupati, are quashed and the criminal petition

is allowed.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

_________________________ R. RAGHUNANDAN RAO, J.

17th November, 2022 Js.

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                                       Crl.R.C.No.406 of 2014

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

Crl.R.CNo.406 of 2014

17th November, 2022 Js.