Paladugu Sunil Kumar vs State Of Telangana And Another
2021 Latest Caselaw 2059 Tel

             THE HONOURABLE JUSTICE G. SRI DEVI

                              I.A.No. 3 of 2021
                                    and
                          Crl.R.C.No.278 of 2018

COMMON JUDGMENT


      The criminal revision case is filed under Section 397 read with

Section 401 Cr.P.C., against the judgment dated 18.01.2018 passed in

Crl.A.No.74 of 2016 by the learned VII Additional Sessions Judge,

Khammam, confirming the conviction and sentence imposed against the

petitioner/accused vide judgment dated 25.04.2016 in C.C.No.723 of 2013

on the file of Special Judicial Magistrate of First Class, Khammam.

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 one year and also to pay the

cheque amount of Rs.18,00,000/- towards compensation as provided

under Section 357(3) Cr.P.C., to the complainant, and the same was

confirmed by the appellate Court vide judgment dated 18.01.2018 in

Crl.A.No.74 of 2016.

3.    During pendency of revision, I.A.No.3 of 2021 is filed by both

parties seeking to compound the offence and to record compromise as the

matter was settled out of the Court. They filed a joint memo of

compromise     stating   that   petitioner/accused   has   paid   a   sum    of

Rs.4,50,000/- to the 2nd respondent/complainant towards full and final

settlement of all the claims and the 2nd respondent/complainant agreed to

receive the said amount and prayed to set aside the conviction and

sentence 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.No.3 of 2019 is ordered. Consequently, the Criminal

Revision Case is allowed and the conviction and sentence imposed by the

trial Court vide judgment dated 25.04.2016 in C.C.No.723 of 2013 on the

file of Special Judicial Magistrate of First Class, Khammam, as confirmed

by the appellate Court vide judgment dated 18.01.2018 in Crl.A.No.74 of

2016 on the file of VII Additional Sessions Judge, Khammam, 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