Andhra Pradesh High Court - Amravati
Kommuri Mohana Rao vs The State Of Andhra Pradesh on 23 August, 2024
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
I.A.No.6 of 2024
IN/AND
CRIMINAL REVISION CASE No.628 OF 2024
COMMON ORDER:
This Criminal Revision Case has been filed against the judgment,
dated 06.02.2024, passed in Criminal Appeal No.23 of 2018 by the
learned VIII Additional District & Sessions Judge-cum-V Additional
Metropolitan Sessions Judge, Vijayawada, confirming the conviction
and sentence imposed by the learned III Metropolitan Magistrate,
Vijayawada in C.C.No.1215 of 2016, vide judgment dated 09.01.2018.
2. A private complaint was filed by 2nd respondent herein against
the revision petitioner herein for the offence punishable under Section
138 of the Negotiable Instruments Act, 1881 (for brevity 'N.I. Act'). By
judgment, dated 09.01.2018 in C.C.No.1215 of 2016, the learned III
Metropolitan Magistrate, Vijayawada found the revision petitioner herein
guilty of the offence under Section 138 of the NI Act and convicted and
sentenced him to undergo S.I for a period of one (01) year and also to
pay fine of Rs.3,000/- in default simple imprisonment for three months.
Against the said conviction and sentence, the petitioner herein filed
Criminal Appeal No.23 of 2018 on the file of the learned VIII Additional
District & Sessions Judge-cum-V Additional Metropolitan Sessions
Judge, Vijayawada. The said Criminal Appeal was dismissed by the
learned Sessions Judge, by judgment dated 06.02.2024, confirming the
conviction and sentence recorded by the learned Magistrate in
C.C.No.1215 of 2016. Against the said judgment, the
petitioner/accused has filed the present Revision Case.
3. In pursuance of the compromise made in I.A.No.6 of 2024, it is
stated that both parties have settled their differences and entered into a
Memorandum of compromise. It is stated that there is no need to
prosecute the Accused and the Complainant has no objection to close
the case against the Accused.
4. The revision petitioner is in Central Prison, Rajamahendravaram.
His representative is present. Today, when the matter is taken up for
hearing, Respondent No.2 physically appeared before this Court and he
is identified by his respective learned counsel. The terms and
conditions of compromise mentioned in the affidavit are read over to the
parties and they admitted them as true and correct and voluntary. The
joint memo bears the signatures of the accused as well as the
complainant and the signatures of the accused are attested by Jailer,
Central Prison, Rajamahendravaram.
5. In view of the aforesaid facts and circumstances, as the parties
have entered into a compromise and compounded the offence in terms
of Section 147 of the N.I. Act, this Criminal Revision Case is allowed
setting aside the impugned judgment of conviction and sentence
passed against the revision petitioner, who is the accused and is in
Central Prison, Rajamahendravaram, in the judgment dated 09.01.2018
in C.C.No.1215 of 2016 on the file of the learned III Metropolitan
Magistrate, Vijayawada, which in turn was confirmed in the judgment
dated 06.02.2024 in Criminal Appeal No.23 of 2018 on the file of the
learned VIII Additional District & Sessions Judge-cum-V Additional
Metropolitan Sessions Judges, Vijayawada. The revision petitioner,
who is accused, is acquitted of the said offence in terms of Section
320(8) Cr.P.C.
6. Considering the Judgment of the Hon'ble Supreme Court of India
in Damodar S. Prabhu vs. Sayed Babalal H. ((2010) 5 Supreme
Court Cases 663) and the subsequent rulings, Rs.1,000/- is fixed as
costs and that shall be paid by the revision petitioner to the A.P. High
Court Legal Services Committee, High Court of Andhra Pradesh.
7. Accordingly, I.A.No.6 of 2024 and Criminal Revision Case No.628
of 2024 are allowed.
8. As a sequel thereto, the miscellaneous applications, if any,
pending in this Criminal Revision Case shall stand closed.
________________________
Dr. V R K KRUPA SAGAR, J
Date: 23.08.2024
SDP
THE HON'BLE JUSTICE DR V R K KRUPA SAGAR
IN/AND
CRIMINAL REVISION CASE No.628 OF 2024
Date: 23.08.2024
SDP
