Madipalli Murali vs The State Of Telangana And Another
2022 Latest Caselaw 6366 Tel

        THE HON'BLE Dr. JUSTICE G. RADHA RANI

      I.A. Nos.1,2 and 3 of 2022 in Crl.R.C.No.649 of 2018
                              AND
         CRIMINAL REVISION CASE No. 649 of 2018

ORDER:

This Criminal Revision Case is filed by the petitioner -

accused to set aside the judgment dated 31.10.2017 in

Crl.A.No.173 of 2015 passed by the VII Additional Sessions

Judge, Khammam, confirming the judgment of conviction and

sentence imposed in C.C.No.14 of 2010 dated 15.10.2015 on the

file of the III Additional Judicial Magistrate of First Class,

Khammam.

2. During the pendency of the present revision case, the

petitioner-accused has filed I.A. Nos.1 and 2 of 2021 seeking

permission to compromise the matter by recording the terms of

compromise and to quash the proceedings against the petitioner in

the said Crime, since they had settled the matter out of Court.

3. Today, the revision petitioner and the complainant

appeared before this Court. They filed copies of their Aadhar cards

in proof of their identity and they are identified by their respective

counsel. The parties have also filed a Joint Memo. 2nd respondent

- complainant stated that he intended to compromise the matter

with the petitioner - accused on the intervention of the elders and

well wishers.

4. When the matter is taken up for hearing, learned

counsel for the revision petitioner submitted that an amount of

Rs.4,41,000/- was deposited before the trial court and the petitioner

is now handing over the balance amount of Rs.4,41,000/- by way

of Demand Draft to the complainant. A memo was filed signed by

both the parties and they reported that they voluntarily entered into

the compromise without any coercion or force. As such, the

compromise is recorded and the revision petitioner is acquitted by

allowing the Crl.R.C.No.649 of 2018.

5. As such, I.A. Nos.1 and 2 of 2021 are allowed

recording the compromise between the parties for the reasons

stated by the petitioner in his affidavit. Consequently,

Crl.R.C.No.649 of 2018 is allowed setting aside the judgment

dated 31.10.2017 in Crl.A.No.173 of 2015 passed by the VII

Additional Sessions Judge, Khammam, confirming the judgment of

conviction and sentence imposed in C.C.No.14 of 2010 dated

15.10.2015 on the file of the III Additional Judicial Magistrate of

First Class, Khammam.

6. I.A.No.3 is filed by the petitioner seeking exemption

for payment of costs while compounding the offence in

Crl.R.C.No.649 of 2018. For the reasons stated in the

accompanying affidavit, it is considered fit to direct the petitioner

to pay an amount of Rs.15,000/- only instead of 15% of the cheque

amount to be deposited while recording compromise and he is

directed to pay the said amount of Rs.15,000/- to the Secretary,

Telangana High Court Legal Service Committee, within a period of

one week from the date of receipt of copy of this order.

7. Hence, the petitioner-accused is acquitted for the

offence under Section 138 of the Negotiable Instruments Act. The

bail bonds of the accused shall stand cancelled and the fine amount,

if any, paid shall be refunded to the petitioner-accused.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________ Dr. G. RADHA RANI, J December 12, 2022 Gms/Gv

THE HON'BLE Dr. JUSTICE G. RADHA RANI

I.A. Nos.1,2 and 3 of 2022 in Crl.R.C.No.649 of 2018 AND CRIMINAL REVISION CASE No. 649 of 2018

December 12, 2022

Gms/Gv