Andhra Pradesh High Court - Amravati
Smt. Donthamsetti Suhasini, vs State Of Andhra Pradesh, on 5 August, 2024
APHC010272352024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3365]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL REVISION CASE NO: 540/2024
Between:
Smt. Donthamsetti Suhasini ...PETITIONER
AND
State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SIVA SANKARA RAO BORRA
Counsel for the Respondent(S):
1. KIRAN KUMAR BALIGAMSETTI
2. PUBLIC PROSECUTOR
The Court made the following:
2
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
I.A.Nos.2 and 3 of 2024
in/and
CRIMINAL REVISION CASE No.540 OF 2024
ORDER:
This Criminal Revision Case under Sections 397 and 401
of Cr.P.C., is filed seeking to set aside the Judgment in
Crl.A.No.345 of 2019 dated 18.01.2024 passed by the learned
Special Judge for trial of cases under SCs & STs (POA) Act,
1989-cum-VIII Additional District and Sessions Judge, West
Godavari, Eluru, whereby confirmed the judgment in C.C.No.324
of 2015 (Old C.C.No.1027 of 2014) dated 26.07.2019 passed by
the learned Principal Junior Civil Judge-cum-Judicial Magistrate
of First Class, Eluru.
2. Heard Sri B.Siva Sankara Rao, the learned counsel for
petitioner, Sri B.Kiran Kumar, the learned counsel for respondent
No.2 and learned Assistant Public Prosecutor for respondent
No.1-State.
3. Smt. Donthamsetti Suhasini, the petitioner/accused was
prosecuted for the offence punishable under Section 138 of
Negotiable Instruments Act, 1881. Vide judgment dated
26.07.2019 in C.C.No.324 of 2015 the learned Principal Junior
Civil Judge-cum-Judicial Magistrate of First Class, Eluru found
her guilty and convicted her and sentenced her to undergo
imprisonment as well as pay fine. She preferred Crl.A.No.345 of
2019. Learned Special Judge for trial of cases under SCs & STs
(POA) Act, 1989-cum-VIII Additional District and Sessions Judge,
West Godavari, Eluru, after due hearing, dismissed the appeal
and confirmed the judgment of the trial Court. Thereafter, the
accused/convict preferred Crl.R.C.No.540 of 2024. On
02.07.2024 this Court ordered notice to respondent No.2/
Sri Maram Hanumantha Rao. Respondent No.2 was the
complainant before the learned trial Court.
4. Today respondent No.2/complainant - Sri Maram
Hanumantha Rao is present in the Court. Petitioner and
respondent No.2 filed I.A.No.2 of 2024 and I.A.No.3 of 2024
seeking permission to enter into compromise.
5. The revision petitioner - Smt. Donthamsetti Suhasini is now
lodged in Central Prison, Rajahmundry undergoing the sentence.
Her husband Sri Tagore is present physically.
6. There is on record the compromise petition and the joint
memo filed by both parties and it bears signatures of the
petitioner/accused and respondent No.2/complainant and it is
stated that the elders settled the disputes among the
petitioner/accused and respondent No.2/complainant and
therefore, they voluntarily entered into compromise.
7. In the result, I.A.No.2 of 2024 and I.A.No.3 of 2024 are
allowed. Consequently Crl.R.C.No.540 of 2024 is allowed in
terms of compromise. The impugned judgments of both the
Courts below are set aside. The revision petitioner stands
acquitted. She shall be set at liberty forthwith. Fine amount paid
by her, if any, be refunded on filing necessary petition before the
trial Court.
8. In the result, this Criminal Revision Case is allowed in
terms of compromise.
As a sequel, miscellaneous applications pending, if any,
shall stand closed.
________________________
Dr. V.R.K.KRUPA SAGAR, J
Date: 05.08.2024
Ivd
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
I.A.Nos.2 and 3 of 2024
in/and
CRIMINAL REVISION CASE No.540 OF 2024
Date: 05.08.2024
Ivd
