Lingala Rajeshwara Rao, Khammam ... vs State Of A.P.,Rep.By Pp., High ...
2023 Latest Caselaw 1559 Tel

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

                   I.A.Nos.1 AND 2 OF 2023
                              IN/AND
          CRIMINAL REVISION CASE No.945 OF 2011

 COMMON ORDER:


        The Criminal Revision Case is filed under Section 397

 r/w. 401 of Criminal Procedure Code to set aside the

 judgment, dated 25.02.2011 in Criminal Appeal No.35 of

 2010     passed   by   the   I   Additional   Sessions   Judge,

 Khammam, which was filed against the judgment, dated

 10.02.2010 in C.C.No.158 of 2009, passed by the Judicial

 Magistrate of First Class, Manuguru.


 2.     The petitioner/accused was convicted under Section

 255(2) Cr.P.C for the offence punishable under Section 138

 of N.I. Act and sentenced to undergo simple imprisonment

 for six months and to pay a fine of Rs.500/-, in default of

 payment of fine, to suffer Simple Imprisonment for two

 weeks.


 3.     During the pendency of the Criminal Revision Case,

 I.A.Nos.1 and 2 of 2023 are filed on 09.03.2023 by the
                               2


respondent    No.2/complainant       to   permit       him   to

compromise with the accused in respect of conviction and

sentence and to record the compromise between them.

Along with the petition, a joint memo was filed, inter alia,

stating that at the intervention of elders and well wishers,

the parties have settled their disputes in terms of the

compromise. The said joint memo has been supported by

the affidavit of the respondent No.2 and petitioner.

4. Today, when the matter is taken up for hearing,

learned counsel for the revision petitioner submits that at

the intervention of elders and well wishers, the parties have

settled their disputes in terms of the compromise.

5. In the light of the compromise arrived at between the

parties, it would be appropriate to grant leave to the parties

to compound the offence and to set aside the conviction

and sentence imposed by the Court below against the

petitioner/accused.

6. In the result, I.A.Nos.1 and 2 of 2023 are ordered.

Consequently, the Criminal Revision Case is allowed in

terms of compromise, and the judgment, dated 25.02.2011

in Criminal Appeal No.35 of 2010, passed by the

I Additional Sessions Judge, Khammam, which was filed

against the judgment, dated 10.02.2010 in C.C.No.158 of

2009, passed by the Judicial Magistrate of First Class,

Manuguru are hereby set aside. The bail bonds of the

petitioner/accused shall stand closed.

Miscellaneous applications, if any pending in the

Criminal Revision Case, shall stand closed.

__________________________________ NAMAVARAPU RAJESHWAR RAO, J

Dated: 10-04-2023 CHS