Pitta Venkata Rao, Visakhapatnam vs P.P., Hyd
2024 Latest Caselaw 4696 AP

Andhra Pradesh High Court - Amravati

Pitta Venkata Rao, Visakhapatnam vs P.P., Hyd on 24 June, 2024

APHC010767382014
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                      [3367]
                             (Special Original Jurisdiction)

              MONDAY ,THE TWENTY FOURTH DAY OF JUNE
                 TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

                   THE HONOURABLE SRI JUSTICE V SRINIVAS

                    CRIMINAL REVISION CASE NO: 1444/2014

Between:

Pitta Venkata Rao, Visakhapatnam                             ...PETITIONER

                                    AND

P P Hyd                                                    ...RESPONDENT

Counsel for the Petitioner:

   1. G VENKATA SUBBA RAJU

Counsel for the Respondent:

   1. PUBLIC PROSECUTOR (AP)

The Court made the following:

ORDER:

This Revision is arising out of judgment dated 08.05.2014 passed in

Crl.A.No.106 of 2013 on the file of the learned XIII Additional District &

Sessions Judge, Gajuwaka, wherein the learned Judge has dismissed the

appeal confirming the conviction and sentence imposed against the revision

petitioner/accused for the offence punishable under Section 138 of Negotiable

Instruments Act, in the judgment, dated 25.04.2013 in C.C.No.392 of 2013 passed by the learned III Additional Chief Metropolitan Magistrate,

Visakhapatnam at Gajuwaka.

2. Today, when the matter is taken up for hearing, Sri M.S.P.Reddy,

learned counsel, representing Sri G.Venkata Subba Raju, learned counsel for

the petitioner, submits that the matter is amicably settled between the

petitioner and defacto complainant by name Chelikani Venkata Ramana

Murthy. He further submits that the cash receipt said to be issued by the

defacto complainant shows that he received an amount of Rs.1,00,000/-

(Rupees One Lakh Only) from the petitioner towards full and final settlement.

Not only for E.P.No.120 of 2019, but also Criminal Appeal No.106 of 2013, on

which, the present revision case is pending.

3. Learned counsel for the petitioner further submits that as per the copy

of agreement, dated 12.10.2021 between the defacto complainant and

petitioner, complainant had agreed to receive an amount of Rs.1,00,000/-

(Rupees One Lakh Only).

4. On perusal of the record, E.P.No.120 of 2019 is already

closed/terminated and the said agreement shows that defacto complainant

received an amount of Rs.1,00,000/- (Rupees One Lakh Only) towards full

and final settlement in respect of cheque in question in this revision.

5. In view of the previously mentioned facts and circumstances, this Court

is of the considered opinion that no cause survives for further adjudication of

the matter since the petitioner has already paid the entire amount.

6. Thereby, the present Criminal Revision Case is allowed by setting aside

the conviction and sentence imposed against the petitioner/accused, vide

judgment dated 25.04.2013 in C.C.No.392 of 2006 on the file of the learned III

Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka, as

confirmed in the judgment dated 08.05.2014 in Crl.A.No.106 of 2013 on the

file of the learned XIII Additional District & Sessions Judge, Gajuwaka.

Consequently, the revision petitioner/accused is acquitted of the offence under

Section 138 of Negotiable Instruments Act. The fine amount paid by the

petitioner, if any, shall be refunded to him.

7. Interim orders granted earlier if any, stand vacated.

8. As a sequel, miscellaneous applications pending, if any, shall stand

closed.

___________________ JUSTICE V.SRINIVAS Date: 24.06.2024 KNN