Gourireddigari.Sridhar Reddy vs State Of Telangana
2022 Latest Caselaw 2635 Tel

     HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
                         I.A.No.1 OF 2022
                             IN/AND
                      Crl.R.C.No.101 OF 2018
JUDGMENT:

This criminal revision case is filed by the petitioner/

appellant/accused challenging the judgment dated 12.10.2017

passed in Crl.A.No.13 of 2017 by the learned II-Additional District

and Sessions Judge, Fast Track Court, Medak at Sangareddy,

confirming the conviction and sentence imposed by the learned

Judicial Magistrate of the First Class, Special Mobile Court,

Sangareddy, vide judgment dated 08.12.2016 in C.C.No.11 of 2015

for the offence punishable under Section 138 of the Negotiable

Instruments Act, 1881.

2. During pendency of the criminal revision case, I.A.No.1 of

2022 came to be filed by the second respondent/complainant to

record the compromise. 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 Rs.1,00,000/-

towards full and final settlement.

3. Both the parties are present before this court today and they

were identified by their respective counsel. This court, when

examined, the second 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

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.

6. Accordingly, the criminal revision case is allowed

in terms of compromise, setting aside the judgments dated

(2010) 5 SCC 663

08.12.2016 and 12.10.2017 passed in C.C.No.11 of 2015, on the

file of the learned Judicial Magistrate of the First Class, Special

Mobile Court, Sanga Reddy, Medak District and Crl.A.No.13 of

2017, on the file of the learned II-Additional District and Sessions

Judge, Fast Track Court, Medak at Sangareddy respectively and the

revision petitioner/accused is acquitted of the offence punishable

under Section 138 of the Negotiable Instruments Act, 1881.

However, the revision petitioner is directed to deposit an amount of

Rs.5,000/- (Rupees Five thousand only) towards costs before the

Secretary, High Court Legal Services Committee, Hyderabad

within a period of ten days from today and file proof of the same

into the Registry.

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

______________________ A.SANTHOSH REDDY,J

13.06.2022 Note:

The Registry is directed to upload/furnish certified copy of the order only on deposit of the costs as ordered above.

(B/O) Lrkm