P. Sunil Kumar, vs M/S Sri Lakshmi Prasanna ...
2023 Latest Caselaw 939 Tel

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

                  I.A.Nos.1 AND 2 OF 2023
                            IN/AND
        CRIMINAL REVISION CASE No.154 OF 2015

 COMMON ORDER:


      The Criminal Revision Case is filed under Section 397

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

 judgment, dated 02.01.2015 in Criminal Appeal No.479 of

 2012 passed by the IV Additional Metropolitan Sessions

 Judge, Hyderabad, wherein the learned Sessions Judge

 allowed the Criminal Appeal filed by the 1st respondent by

reversing the order of acquittal dated 22.12.2011 passed in

C.C.No.127 of 2011 by the XV Additional Judge-cum-XIX

Additional Chief Metropolitan Magistrate, Hyderabad.

2. The petitioner/accused was convicted for the offence

punishable under Section 138 of Negotiable Instruments

Act and sentenced to pay a fine of Rs.2,50,000/-, in default

of payment of fine to suffer Simple Imprisonment for 6

months, and out of the fine amount, a sum of

Rs.2,30,000/- shall be paid as compensation to the

complainant under Section 357 Cr.P.C.

3. During pendency of the Criminal Revision Case,

I.A.Nos.1 and 2 of 2023 are filed on 03.01.2023 by the

respondent No.2/complainant to permit him to

compromise the matter with the petitioner/accused and

acquit the revision petitioner by allowing the present

revision case. 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.

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

the counsel submitted that the matter has been settled out

of the Court and further submitted that as per the

compromise, the petitioner/accused has to pay an amount

of Rs.1,80,000/- towards the full and final settlement

against the cheque amount of Rs.2,20,000/- vide cheque

bearing No.894044, dated 02.04.2007, which is the subject

matter in C.C.No.127 of 2011 and accordingly, the

complainant has agreed to forego the difference amount of

Rs.40,000/-.

5. 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 and to that extent they paid an amount of

Rs.1,80,000/- by way of Demand Draft No.004146 to the

respondents and further submits that this Court vide

orders dated 05.02.2015 granted interim suspension on

condition of depositing 25% of the fine amount of

Rs.2,50,000/- and the petitioner/accused has deposited

25% of the fine amount in the Court below, and also

submits that the complainant has no objection for

withdrawal of 25% of the amount which was deposited in

the Court below.

6. 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. The petitioner/accused is permitted to

withdraw 25% of the deposited fine amount.

7. 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 02.01.2015

in Criminal Appeal No.479 of 2012, passed by the IV

Additional Metropolitan Sessions Judge, Hyderabad,

reversing the order of acquittal dated 22.12.2011 passed in

C.C.No.127 of 2011 by the XV Additional Judge-cum-XIX

Additional Chief Metropolitan Magistrate, Hyderabad are

hereby set aside.

Miscellaneous applications, if any pending in the

Criminal Revision Case, shall stand closed.

__________________________________ NAMAVARAPU RAJESHWAR RAO, J

Dated: 24-02-2023 CHS