Andhra Pradesh High Court - Amravati
Avula Guravaiah, vs The State Of Andhra Pradesh on 15 September, 2023
Bench: K Suresh Reddy
THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL REVISION CASE No. 752 OF 2023
JUDGMENT:
As the petitioner-accused is lodged in District Jail,
Vijayawada, the revision case is moved by way of lunch
motion.
2. By judgment dated 10-12-2014 in C.C.No. 155 of 2012
on the file of the Court of learned III Additional Chief
Metropolitan Magistrate, Vijayawada (for short, 'the trial
Court'), the revision petitioner-accused was found guilty and
convicted for the offence punishable under Section 138 of
the Negotiable Instruments Act and sentenced to suffer
simple imprisonment for six months and also to pay a fine of
Rs.1,000/-, in default to suffer simple imprisonment for one
month. Feeling aggrieved, the revision petitioner-accused
preferred appeal before learned XIII Additional District and
Sessions Judge (F.T.C.), Vijayawada (for short, 'the appellate
Court'). The appellate Court, by judgment dated 28-10-2017
in Criminal Appeal No. 10 of 2015, dismissed the appeal by
confirming the judgment dated 10-12-2014 of the trial Court.
Aggrieved by the same, the petitioner-accused filed the
present revision before this Court with a delay of 2,036 days.
3. In his affidavit filed along with the application to
condone delay, the petitioner-accused has specifically stated
that during pendency of the appeal before the appellate
Court, both parties settled the matter and he was under the
impression that the matter was closed long back and as
such, he was unaware of the judgment of the appellate
Court and that recently on 17-08-2023, the police arrested
him on execution of non-bailable warrant and he has been
lodged in District Jail, Vijayawada, and it is only thereafter,
he came to know about the judgment of the appellate Court.
4. Today when the matter is taken up, respondent No. 2-
complainant and his counsel are present in the Court and on
being specifically asked, respondent No. 2-complainant says
that at the intervention of well wishers and elders of both
sides, the matter is settled amicably out of Court and that
the revision petitioner-accused has repaid the entire amount
and therefore he has no grievance against the revision
petitioner-accused and he also confirms that there is no
pressure from the revision petitioner-accused.
5. In view of the above, the criminal revision case is
allowed at the admission stage setting aside the conviction
and sentence recorded by judgment dated 10-12-2014 in
C.C.No. 155 of 2012 on the file of the Court of learned III
Additional Chief Metropolitan Magistrate, Vijayawada, which
was confirmed by judgment dated 28-10-2017 in Criminal
Appeal No. 10 of 2015 on the file of the Court of XIII
Additional District & Sessions Judge (F.T.C.), Vijayawada.
The petitioner-accused is acquitted for the offence
punishable under Section 138 of the N.I. Act and he is set at
liberty if he is not required in any other case. The petitioner-
accused is directed to pay 15% of the cheque amount
towards compounding fee to High Court Legal Services
Committee within a period of two weeks from today.
Date: 15-09-2023, ________________
JSK K.SURESH REDDY, J.
THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL REVISION CASE No. 752 OF 2023
DATE: 15TH SEPTEMBER, 2023
JSK
