Mattaparthi Sai Prasad vs The State Of Telangana
2023 Latest Caselaw 915 Tel

Citation : 2023 Latest Caselaw 915 Tel
Judgement Date : 23 February, 2023

Telangana High Court

Mattaparthi Sai Prasad vs The State Of Telangana on 23 February, 2023

Bench: Juvvadi Sridevi

  THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

              I.A.NOS.1 AND 2 OF 2023
                      IN/AND
       CRIMINAL REVISION CASE No.367 of 2019

COMMON ORDER:

      This Criminal Revision Case, under Sections 397 and

401 of Cr.P.C., is filed by the petitioner/accused, challenging

the judgment, dated 01.04.2019, passed in Crl.A.No.1397 of

2017 by the learned Metropolitan Sessions Judge, Hyderabad,

whereby,      the   Judgment   dated   29.11.2017   passed    in

C.C.No.13 of 2017 by the learned XXI Special Magistrate,

Hyderabad, convicting the petitioner/accused of the offence

under Section 138 of the Negotiable Instrument Act and

sentencing him to undergo simple imprisonment for six

months and further directing him to pay compensation of

Rs.15,00,000/- to the complainant under Section 357(1)(b)

of Cr.P.C., was confirmed.


02.   Heard     S.Rahul   Reddy,   learned   counsel   for   the

petitioner/accused, Sri P.Achutham Reddy, learned counsel

for respondent No.2/complainant and perused the record.

03. Pending the criminal revision case, the respondent

No.2/de-facto complainant has filed I.A.No.01 of 2023 along

with joint memo of compromise requesting this Court to

compound the offenses and to record the compromise

entered in between the parties and accordingly, acquit the

petitioner/accused of the offence charged against him in view

of the compromise entered between the parties. The

petitioner/accused also filed I.A.No.2 of 2023 requesting this

Court to exempt/reduce the payment of costs, if any, while

compounding the offence.

4. Vide order, dated 06.02.2023, this Court directed the

parties to appear before the Secretary, Telangana High Court

Legal Services Committee, Hyderabad, and directed the

Secretary, Telangana High Court Legal Services Committee,

Hyderabad, to submit a report on completion of identification

of the parties. Accordingly, the Secretary, Telangana High

Court Legal Services Committee, Hyderabad, submitted a

report, dated 16.02.2023, stating that identification of both

the parties in the criminal revision case is established.

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

counsel for respondent No.2/complainant would submit that

both the parties have arrived at a compromise with the

intervention of the well - wishers and elders and both the

parties have settled the matter amicably out of the Court.

The terms of compromise are as follows:

"1. That the petitioner/accused in view of compromise, he had agreed to pay an amount of Rs.22,00,000/- to the respondent No.2 / complainant and another towards discharge his liability including the claim in O.S.No.66 and 90 of 2017 on the file of Hon'ble Senior Civil Judge, Amalapuram for which the respondent No.2 / complainant and another agreed.

2. That the petitioner/accused had already paid an amount of Rs.6,00,000/- to the respondent No.2/complainant and another by way of Cheque No.000005, Dated 14.11.2022 which was received and encashed.

3. That the petitioner/accused had agreed to pay the remaining amount of Rs.16,00,000/- to the respondent No.2/complainant and another in the following manner for which the respondent No.2/complainant and another had accepted for the same.

a) Rs.4,00,000/- on or before 15.02.2023

b) Rs.6,00,000/- on or before 31.08.2023

c) Rs.6,00,000/- on or before 31.08.2023

4. That the petitioner/accused in lieu of above said amounts had issued three cheques to the respondent No.2/complainant and another in the following manner and accepting to present the said cheques on the respective dates given below.

a) Rs.4,00,000/- by way of cheque No.00009, Dated 15.02.2023 drawn on IDFC First Bank, Tanuku Branch in favour of Party No.2 of respondent No.2/complainant and another.

b) Rs.6,00,000/- by way of cheque No.00007, Dated 31.08.2023 drawn on IDFC First Bank, Tanuku Branch in favour of party No.2 of respondent No.2/complainant and another.

c) Rs.6,00,000/- by way of cheque No.00008, Dated 31.08.2023 drawn on IDFC First Bank, Tanuku Branch in favour of Party No.1 of respondent No.2/complainant and another.

5. That the petitioner/accused can withdraw the amounts which was deposited in the Hon'ble Metropolitan Sessions Judge, City Criminal Courts at Nampally and the respondent No.2 / complainant and another will co-operate the same.

6. That in view of compromise, both the parties shall proceed with before the Hon'ble High Court

for the State of Telangana thereby to file appropriate petitions to allow the Crl.R.C.No.367 of 2019 and Crl.R.C.No.368 of 2019 in terms of compromise.

7. That in view of compromise, the respondent No.2/complainant and another shall not claim any amount except the above said amount which includes the claim in O.S.No.66 and 90 of 2017 on the file of Hon'ble Senior Civil Judge, Amalapuram in any manner against the petitioner/accused.

8. That the respondent No.2/complainant and another had agreed to withdraw the above suit with O.S.No.66/2017 and 90/2017 against the petitioner/accused after encashing the cheque mentioned in the Clause No.4 (a). In the event of dishonour the said cheque, then the respondent No.2/complainant and another shall proceed with the above suits without any hindrance for entire suit claims.

9. That in the event of the cheques 4 (b) & (c) so issued by the petitioner/accused towards his legally enforceable debt were dishonoured on the said date, then the respondent No.2/complainant and another is yet liberty to initiate appropriate legal proceedings both civil and criminal against the petitioner/accused apart he is entitled to claim

damages for Rs.25,00,000/- against the petitioner/accused."

6. I have perused the memo of understanding entered in

between the parties which is signed by the petitioner/accused

as well as respondent No.2 and another. The compromise

entered in between the parties appears to be voluntary and

without coercion. Under these circumstances, I.A.No.1 of

2023 is allowed as prayed recording the compromise entered

into between the parties.

7. As regards the request of the petitioner/accused to

exempt/reduce the payment of costs, if any, while

compounding the offence in the main criminal revision case,

in view of the reasons stated in the affidavit filed in support