Vijaya Kumar Savaria vs The State Of Telangana, And ...
2021 Latest Caselaw 2368 Tel

              HONOURABLE JUSTICE G. SRI DEVI

                            I.A.NO.2 OF 2021
                                IN/AND
              CRIMINAL REVISION CASE NO.1500 OF 2019

COMMON ORDER:


1.    The revision petitioner, who is the sole accused in C.C.No.233 of

2015, on the file of the XIV Special Magistrate, Hyderabad, filed this

Criminal Revision Case under Section 397 and 401 Cr.P.C., challenging

the conviction and sentence passed in the above C.C., for the offence

punishable under Section 138 of the Negotiable Instruments Act, which

was confirmed in Crl.A.No.270 of 2019 on the file of the III Additional

Metropolitan Sessions Judge, Hyderabad.


2.    During pendency of the Criminal Revision Case, I.A.No.2 of

2021 came to be filed by the second respondent to record the

compromise and to acquit the petitioner of the offence. Along with the

petition, a Joint Compromise Memo came to be filed inter alia stating

that at the intervention of elders and well wishers, the parties have

settled their disputes in terms of the compromise. The said Joint

Compromise Memo has been supported by the affidavit of the second

respondent.

3. Today, the petitioner/accused and the second respondent are

present before this Court and they were identified by their respective

counsel. When examined, both the parties have stated before this

Court, that at the instance of the elders, they have settled the matter out

of the Court and the second respondent has no objection for quashing

the proceedings against the petitioner.

4. In the light of the compromise arrived at between the parties, the

Joint Compromise Memo filed by both the parties is recorded and

I.A.No.2 of 2021 is ordered.

5. Accordingly, the Criminal Revision Case is allowed in terms of

compromise, setting aside the Judgment dated 02.03.2016 in

C.C.No.233 of 2015 on the file of the XIV Special Magistrate,

Hyderabad, and Judgment dated 17.09.2019 in Crl.A.No.270 of 2019 on

the file of the III Additional Metropolitan Sessions Judge, Hyderabad,

and the petitioner/accused is acquitted of the offence punishable under

Section 138 of the Negotiable Instruments Act, subject to his

depositing costs of Rs.15,000/- (Rupees fifteen thousand only), out of

which a sum of Rs.10,000/- (Rupees ten thousand only) shall be

deposited in favour of the Telangana High Court Legal Services

Committee and a sum of Rs.5,000/- (Rupees five thousand only) shall

be deposited in favour of the Telangana High Court Advocates'

Association, Hyderabad, within a period of one (1) week from today.

6. Miscellaneous applications, if any, pending, shall stand closed.

_______________ (G. SRI DEVI, J)

13th February 2020 lur