Ammineni Anand Subramanvam, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 7063 AP

THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY

            I.A.Nos.2 of 2022 and 3 of 2022
      in Criminal Revision Case No.844 of 2022
                          and
       Criminal Revision Case No.844 of 2022
                           &
            I.A.Nos.3 of 2022 and 4 of 2022
      in Criminal Revision Case No.849 of 2022
                          and
       Criminal Revision Case No.849 of 2022

COMMON ORDER:

     Since the Criminal Revision Cases arise out of the

same Calendar Case, they are being taken up together

for disposal.


     2.    Petitioner in both the Criminal Revision Cases

is the accused, and 1st respondent in both the Criminal

Revision Cases is the complainant, in Calendar Case

No.18 of 2017 on the file of the learned II Additional

Judicial Magistrate of First Class, Nellore. For sake of

convenience, the parties are hereinafter referred to, as

they are arrayed in the trial Court.

3. The complainant filed a private complaint

agaisnt the accused for the offence punishable under

Section 138 read with 142 of the Negotiable Instruments

Act, 1881 (for short, 'the Act, 1881'), vide Calendar Case

No.18 of 2017 on the file of the learned II Additional

Judicial Magistrate of First Class, Nellore. Vide

judgment dated 12.06.2019, the trial Court found the

accused guilty of the offence punishable under Section

138 read with 142 of the Act, 1881 and accordingly,

convicted him and sentenced to undergo simple

imprisonment for a period of one year and to pay

compensation of Rs.4,00,000/- in default to suffer

simple imprisonment for a further period of three

months.

Against the conviction and sentence recorded by

the trial Court, the accused preferred Criminal Appeal

No.203 of 2019 on the file of the learned I Additional

District and Sessions Judge, Nellore, and the

complainant preferred Criminal Appeal No.146 of 2020

before the same Court seeking enhancement of the

sentence and the compensation. The appellate Court,

vide its common judgment dated 02.11.2021 in the

aforesaid appeals, dismissed Criminal Appeal No.203 of

2019 preferred by the accused and allowed Criminal

Appeal No.146 of 2020 preferred by the complainant

confirming the conviction recorded by the trial Court and

enhancing the sentence to simple imprisonment for a

period of two years and to pay compensation of

Rs.8,50,000/- in default to undergo further simple

imprisonment for a period of six months. Challenging

the said common judgment, the present Criminal

Revision Cases are preferred by the accused.

4. In Criminal Revision Case No.844 of 2022, 1st

respondent/complainant filed I.A.Nos.2 of 2022 and 3 of

2022 seeking to permit him to compound the offence and

to record the compromise arrived at, between the parties.

In Criminal Revision Case No.849 of 2022, 1st

respondent/complainant filed I.A.Nos.4 of 2022 and 3 of

2022 seeking to permit him to compound the offence and

to record the compromise arrived at, between the parties.

A Joint Memo, signed by both the parties is annexed to

the petitions.

5. Today, both the parties are present before the

Court. They are identified by their respective counsel.

They filed copies of their respective Aadhar cards.

Originals are produced for perusal of the Court.

6. A perusal of the Joint Memo, signed by both

the parties, goes to show that the accused already paid

an amount of Rs.6,00,000/- to the complainant in full

and final settlement of all the claims by way of cash and

the complainant agreed for the same and has no

objection for allowing the revision cases by compounding

the offence in full and final satisfaction of all the claims.

It is also clear from the Joint Memo that the complainant

agreed to report no objection in the lower court to the

accused to withdraw an amount of Rs.2,00,000/-

deposited by the accused pursuant to the directions of

the appellate Court.

7. Both the parties stated the same version

before this Court when this Court questioned them.

This Court is satisfied with the identification of the

parties and voluntariness in arriving at the compromise.

In view of the same, there is no hindrance to permit the

parties to compromise. Accordingly, the conviction and

sentence recorded in the common judgment dated

02.11.2021 in Criminal Appeal Nos.203 of 2019 and 146

of 2020 on the file of the learned I Additional District and

Sessions Judge, Nellore, are set aside. The revision

petitioner/accused is found not guilty of the offence

punishable under Section 138 read with 142 of the Act,

1881 and is acquitted of the said offence in terms of

Section 320 (8) Cr.P.C.

8. Accordingly, the Criminal Revision Cases are

allowed.

I.A. Nos. 2 of 2022 and 3 of 2022 in Criminal

Revision Case No.844 of 2022 are allowed.

I.A. Nos. 3 of 2022 and 4 of 2022 in Criminal

Revision Case No.849 of 2022 are allowed.

Miscellaneous Petitions, if any, pending in this

Criminal Revision Cases, shall stand closed.

___________________________________ JUSTICE K. SREENIVASA REDDY 15.09.2022.

DRK

THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

COMMON ORDER in

I.A.Nos.2 of 2022 and 3 of 2022 in Criminal Revision Case No.844 of 2022 and Criminal Revision Case No.844 of 2022 & I.A.Nos.3 of 2022 and 4 of 2022 in Criminal Revision Case No.849 of 2022 and Criminal Revision Case No.849 of 2022

15.9.2022

DRK