Andhra Pradesh High Court - Amravati
Unknown vs Hon'Ble Sri Justice K.Suresh ... on 21 July, 2023
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE SRI JUSTICE K.SURESH REDDY
I.A.Nos.1 of 2023 & 2 of 2023
in/and
CRIMINAL REVISION CASE No.510 of 2022
COMMON ORDER (ORAL):
By judgment dated 24.09.2018 in C.C.No.43 of 2018 passed by
the learned Special Magistrate-IV, Visakhapatnam, the petitioner herein
(accused in the said C.C.) was convicted for the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881, and
sentenced to undergo simple imprisonment for a period of six months.
Aggrieved thereby, the petitioner preferred Criminal Appeal No.494 of
2018 on the file of the learned I Additional Metropolitan Sessions
Judge, Visakhapatnam, which was dismissed vide judgment dated
14.03.2022, confirming the conviction and sentence passed by the trial
Court. Challenging the same, the present criminal revision case has
been preferred.
2. This Court, while admitting the criminal revision case, vide order
dated 01.07.2022 in I.A.No.2 of 2022, suspended the sentence of
imprisonment imposed upon the petitioner, pending disposal of the
criminal revision case, with a direction to the petitioner to surrender
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Crl.R.C.No.510 of 2022
before the trial Court within a period of four weeks from that date and
on such surrender, he was directed to be released on bail on his
executing a personal bond for a sum of Rs.5,000/- with two sureties
for a like sum each to the satisfaction of the learned trial Judge.
3. Now, I.A.Nos.1 and 2 of 2023 have been filed by the defacto
complainant, along with a joint memo signed by both the petitioner
and the defacto complainant along with their respective counsel,
stating that at the intervention of elders, the petitioner and the defacto
complainant have settled the matter amicably and arrived at a
compromise and in terms thereof, the petitioner has paid the entire
amount due in connection with the dishonoured cheque to the defacto
complainant. In view of the same, the parties have prayed to record
the compromise entered into between them, permit compounding of
the offence, and set aside the conviction and sentence imposed upon
the petitioner.
4. Today, the petitioner and the 2nd respondent/defacto
complainant are present in person before the Court and they are
identified by their respective counsel. Both the parties have confirmed
that they have arrived at a compromise as stated in the joint memo,
out of their free will and volition, and in pursuance thereof, entire due
amount has been paid by the petitioner and received by the defacto
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Crl.R.C.No.510 of 2022
complainant, and therefore, requested to allow the prayers made in
I.A.Nos.1 and 2 of 2023.
5. Since both the parties admitted that they voluntarily settled the
matter and entered into compromise, this Court is inclined to permit
them to compound the offence. Accordingly, I.A.Nos.1 and 2 of 2023
are allowed.
6. Consequently, the Criminal Revision Case is allowed, setting
aside the conviction and sentence imposed upon the petitioner/accused
by judgment dated 24.09.2018 passed in C.C.No.43 of 2018 by the
learned Special Magistrate-IV, Visakhapatnam, which was confirmed in
appeal vide judgment dated 14.03.2022 in Criminal Appeal No.494 of
2018 by the learned I Additional Metropolitan Sessions Judge,
Visakhapatnam. The petitioner/accused is acquitted for the offence
punishable under Section 138 of the Negotiable Instruments Act, 1881,
and his bail bonds shall stand cancelled.
7. As a sequel, other pending interlocutory applications, if any,
shall stand closed.
_________________
K. SURESH REDDY, J
Dt: 21.07.2023
IBL
4 KSR,J
Crl.R.C.No.510 of 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
I.A.Nos.1 and 2 of 2023
in/and
CRIMINAL REVISION CASE No.510 of 2022
Dt: 21.07.2023
5 KSR,J
Crl.R.C.No.510 of 2022
IBL
