Jakkula Srisailam vs Guduru Vijay Vijay Kumar Reddy And ...
2022 Latest Caselaw 4144 Tel

     HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                   I.A.No.1 of 2022
                        In/and
        CRIMINAL REVISION CASE No.1016 of 2019

ORDER:

1) This revision is filed by the petitioner/appellant/ accused

challenging the judgment dated 06.06.2019 passed in Criminal

Appeal No.180 of 2017 by the learned Principal Sessions Judge,

Nalgonda confirming the conviction and sentence imposed by the

learned Judicial Magistrate of First Class (Special Mobile Court) at

Nalgonda, vide judgment, dated 15.09.2017, in

C.C. No.211 of 2016 for the offence under Section - 138 of the

Negotiable Instruments Act, 1881.

2) During pendency of the Criminal Revision, I.A.No.1 of 2022

came to be filed by the first respondent to permit him to

compromise the offence. Along with the petition, a joint memo

which is signed by the parties and their counsel, photographs of the

parties and Photostat copies of their Aadhar Cards came to be filed.

It is stated in the affidavit that at the intervention of elders and well

wishers, the parties have settled their disputes and as per the

settlement arrived at, the revision petitioner has paid the entire

agreed amount.

3) Both the parties are present before this Court today and they

were identified by their respective counsel. This Court, when

examined, the first respondent/complainant submitted that out of

his own volition and without there being any coercion, he has

entered into compromise and he has no objection, in case, the

revision petitioner is acquitted for the charge under Section 138 of

the Negotiable Instruments Act, 1881.

4) In Damodar S.Prabhu v. Sayed Babalal (H)1 the Apex Court

has categorically held that "while exercising power under Section

147 of the Negotiable Instruments Act, 1881, the Court can

proceed with the compromise even after recording the

conviction."

5) In view of the aforesaid principles laid down in the above

decision, and in the light of the compromise arrived at between the

parties, I.A.No.1 of 2022 is ordered.

(2010) 5 SCC 663

6) Accordingly, the Criminal Revision Case is allowed

in terms of compromise, setting aside the judgments dated

15.09.2017 passed in C.C.No.211 of 2016 on the file of the Judicial

Magistrate of First Class (Special Mobile Court) at Nalgonda and

in Crl.A.No.180 of 2017, dated 06.06.2019 on the file of the

Principal Sessions Judge, Nalgonda respectively and the revision

petitioner/accused is acquitted for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881.

Miscellaneous petitions, if any, pending, shall stand closed.

______________________________ JUSTICE A.SANTHOSH REDDY

16.08.2022 Nvl

HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

I.A.No.1 of 2022 In/and CRIMINAL REVISION CASE No.1016 of 2019

16.08.2022

Nvl