Citation : 2022 Latest Caselaw 2441 Tel
Judgement Date : 8 June, 2022
THE HON'BLE SRI JUSTICE N.TUKARAMJI
CRIMINAL REVISION CASE No.1142 OF 2007
ORDER:
I.A.Nos.1 and 2 of 2022 have been filed with prayers to
permit the petitioner and respondent No.2 to enter into
compromise and to record the settlement between them,
thereby to set aside judgment of conviction and sentence in
CC.No.881 of 2001 dated 14.08.2007 on the file of Additional
Judicial First Class Magistrate, Kothagudem and the
judgment of confirmation vide Criminal Appeal No.8 of 2004
dated 14.08.2007 on the file of learned V Additional Sessions
Judge, (FTC), Kothagudem, Khammam District, for the
offence under section 138 and 142 of the Negotiable
Instruments Act, 1881.
2. The learned counsel for the petitioner/accused submits
that during the pendency of the Revision, a settlement has
been arrived between both the parties in terms of joint memo
of compromise signed by the parties and their respective
counsel and the same is placed on record.
3. Parties and their counsel are present in person.
On inquiry by this Court it is reported that they have
amicably settled the matter among themselves and prayed for
recording the settlement between them.
4. Having regard to the submissions and the settlement
arrived between the parties, compounding the offence under
section 138 and 142 of the Negotiable Instruments Act, 1881
in terms of joint memo found appropriate.
5. For that reasons, the I.A.Nos.1 and 2 of 2022 are
ordered and the offence under section 138 of the Negotiable
Instruments Act, 1881 is compounded and the
appellant/accused is acquitted of the charges framed against
him. In effect, the order of conviction and sentence passed by
the Trial Court i.e., Additional Judicial First Class Magistrate,
Kothagudem dated 14.08.2007, which was upheld by the
Appellate Court in Criminal Appeal No.8 of 2004 dated
14.08.2007 on the file of learned V Additional Sessions
Judge, (FTC), Kothagudem, Khammam District are hereby set
aside. Accordingly, the Criminal Revision Petition is disposed
of. As a sequel pending miscellaneous Petitions, if
any, shall stand closed. No costs.
___________________ N.TUKARAMJI, J Date : 08.06.2022.
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THE HON'BLE SRI JUSTICE N.TUKARAMJI
CRIMINAL REVISION CASE No.1142 OF 2007
Date:08.06.2022
krl
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