Telangana High Court
Garlapati Narsi Reddy, Nalgonda ... vs Morsu Devika, Nalgonda Dt Anr., on 18 July, 2022
Bench: A.Santhosh Reddy
HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
I.A.Nos.1 and 2 of 2022
In/and
Criminal Revision Case No.94 of 2017
ORDER:
1) The present Criminal Revision Case is filed under Sections
397 and 401 of Cr.P.C. questioning the judgment dated 02.01.2017
passed in Crl.A.No.193 of 2015 on the file of the VIII Additional
Sessions Judge, Miryalaguda confirming the conviction and
sentence imposed by the Judicial Magistrate of First Class,
Miryalaguda for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
2) The second respondent herein filed a private complaint
against the petitioner for an offence punishable under Section 138
of the Negotiable Instruments Act, 1881. Vide judgment, dated
14.12.2015, the learned Judicial Magistrate of First Class,
Mirayalaguda convicted and sentenced the petitioner to undergo
Simple Imprisonment for a period of one year and sentenced to pay
a fine of Rs.2,51,000/-(Two lakhs fifty one thousand only), in
default, the petitioner shall undergo Simple Imprisonment for a
period of one month. Challenging the same, the complainant
preferred Crl.A.No.193 of 2015 before the VIII Additional
Sessions Judge, Miryalaguda. The learned Sessions Judge by his
judgment, dated 02.01.2017, dismissed the appeal confirming the
conviction and sentence imposed by the trial Court in C.C.No.1089
of 2012, dated 14.12.2015. Aggrieved by the same, the present
revision is filed.
3) Pending revision, I.A.Nos.1 and 2 of 2022 are filed seeking
permission of the Court to compound the offence under Section
138 of the Act and to record the compromise and to direct the trial
Court to refund the compensation amount deposited by the
petitioner/accused. Today the complainant and accused are present
and they are identified by their respective counsel. When
examined, the complainant stated that at the instance of the elders,
they have settled the matter out of the Court and the
petitioner/accused has paid the entire amount which he was due to
her and she has received the same and she has no objection for
acquittal of the accused in the above criminal revision case. The
affidavit of the complainant filed along with the petition also
affirms the same. Along with I.A.No.2 of 2022, a joint memo to
that effect, signed by both the parties, is also filed.
4) Section 147 of the Act reads as under;
"Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) every offence
punishable under this Act shall be compoundable".
5) In view of the compromise arrived at between the parties and
taking into consideration Section 147 of the Negotiable
Instruments Act and the circumstances under which the present
I.As have been filed, permission for compounding the offence is
accorded.
6) Hence, I.A.Nos.1 and 2 are ordered and consequently, the
Criminal Revision Case is allowed and the conviction and sentence
imposed by the learned Judicial Magistrate of First Class,
Miryalaguda, vide judgment dated 14.12.2015 in C.C. No.1089 of
2012 for the offence under Section - 138 of the Negotiable
Instruments Act, 1881 and as confirmed by the learned VIII
Additional Sessions Judge at Miryalaguda, vide judgment,
dated 02.01.2017, in Criminal Appeal No.193 of 2015, is hereby
set aside and accordingly the petitioner - appellant - accused is
acquitted of the aforesaid offence.
7. The petitioner/accused has deposited 1/4th of the compensation
amount before the Judicial Magistrate of First Class Court,
Mirayalguda pursuant to the orders of this Court, dated 11.01.2017.
As per the terms of the compromise and joint memo, the
complainant agreed for refund the compensation amount to the
petitioner/accused, the trial Court is directed to refund the
compensation deposited to the petitioner/accused.
8. Miscellaneous petitions, if any, pending in this revision shall
stand closed.
______________________
A.SANTHOSH REDDY,J
18.07.2022
Nvl
