Punukollu Pradeep vs The State Of Telangana
2021 Latest Caselaw 2058 Tel

          THE HONOURABLE JUSTICE G. SRI DEVI

                        I.A.Nos.1 and 2 of 2021
                                  and
                        Crl.R.C.No.189 of 2019

COMMON JUDGMENT


      The criminal revision case is filed under Section 397 read with

Section 401 Cr.P.C., against the judgment dated 11.02.2019 passed

in Crl.A.No.309 of 2017 by the learned Additional Metropolitan

Sessions Judge for Trial of Communal Offence Cases-cum-VII

Additional Metropolitan Sessions Judge, Hyderabad, confirming the

conviction and sentence imposed against the petitioner/accused

vide judgment dated 07.03.2017 in C.C.No.17 of 2016 (old

C.C.No.870 of 2016) on the file of XXI Special Magistrate,

Hyderabad.

2.    The petitioner/accused was convicted for the offence

punishable under Section 138 of Negotiable Instruments Act, 1881

and sentenced to undergo simple imprisonment for a period of three

months and to pay a fine of Rs.2,30,000/-, in default to undergo

sentence of imprisonment for one month, and out of the fine amount,

a sum of Rs.2,00,000/- shall be paid to the complainant under

Section 357(1)(b) Cr.P.C., as compensation, and the same was

confirmed by the appellate Court vide judgment dated 11.02.2019 in

Crl.A.No.309 of 2017.

3.    During pendency of revision, I.A.Nos.1 and 2 of 2021 are filed

by both parties seeking leave of this Court to compound the offence

and to record compromise as the matter was settled out of the Court
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and   they     filed   a   joint   memo    of compromise   stating   that

petitioner/accused has deposited the amount of Rs.2,30,000/- before

the lower Court and the same shall be withdrawn by the 2nd

respondent/complainant and prayed to set aside the conviction and

sentence of fine imposed by the Courts below.

4. Today, when the matter came up for hearing, the 2nd

respondent/complainant and the petitioner/accused are present and

they are identified by their respective counsel. They filed xerox

copies of their aadhar cards before the Court. When this Court

enquired the parties, the complainant and the accused stated that

they entered into compromise due to intervention of the elders.

5. In view of the compromise arrived at between the parties, it

would be appropriate to grant leave to the parties to compound the

offence and to set aside the conviction and sentence imposed by the

Courts below against the petitioner/accused.

6. In the result, I.A.Nos.1 and 2 of 2021 are ordered.

Consequently, the Criminal Revision Case is allowed and the

conviction and sentence of fine imposed by the trial Court vide

judgment dated 07.03.2017 in C.C.No.17 of 2016 (old C.C.No.870 of

2016) on the file of XXI Special Magistrate, Hyderabad, as confirmed

by the appellate Court vide judgment

dated 11.02.2019 passed in Crl.A.No.309 of 2017 by the learned

Additional Metropolitan Sessions Judge for Trial of Communal

Offence Cases-cum-VII Additional Metropolitan Sessions Judge,

Hyderabad, are hereby set aside. However, the petitioner/accused

and the 2nd respondent/complainant are directed to deposit a sum of

Rs.20,000/- (Rupees twenty thousand only) before the High Court

Legal Services Committee, Hyderabad, and also a sum of Rs.5,000/-

(Rupees five thousand only) before the Bar Association, High Court

for the State of Telangana, Hyderabad, within two weeks from today.

7. Miscellaneous petitions, if any pending in the criminal revision

case, shall stand closed.

_____________ G. SRI DEVI, J th 9 July, 2021.

sj