Challa Veman Reddy vs The State Of A.P. And Another
2023 Latest Caselaw 2835 Tel

          HONOURABLE SRI JUSTICE E.V.VENUGOPAL

        CRIMINAL REVISION CASE No. 486 OF 2012

ORDER:

This Criminal Revision Case has been filed assailing the

judgment dated 20.03.2012 passed in Criminal Appeal No. 172 of

2010 by the Special Sessions Judge for SC/ST Cases-Cum-VII

Addl. District and Sessions Judge at Warangal, wherein confirmed

the sentence and conviction passed in C.C. No. 923 of 2008 dated

06.07.2010 on the file of I Addl. Judicial First Class Magistrate,

Warangal wherein the accused was found guilty of the offence

punishable under Section 138 of Negotiable Instruments Act, 1881

(hereinafter referred to as 'the 1881 Act'), convicted and sentenced

to undergo simple imprisonment for a period of six months and

also to pay a sum of Rs.5,000/-. Out of which, an amount of

Rs.3,000/- is ordered to be given to the complainant towards

compensation.

2. The parties shall be hereinafter referred to as described in

the Magistrate's Court.

3. During the pendency of the present Criminal Revision

case, the complainant filed Execution Petition against the

accused vide E.P. No.175 of 2016 on the file of I Addl. Senior

Civil Judge, Warangal to issue arrest warrant against the

accused and to send him to civil prison under Order 21 Rule 37

of CPC since the complainant also filed O.S. No.602 of 2010 on

the file of I Addl. Senior Civil Judge at Warangal against the

accused herein for recovery of Rs.2,49,997/- along with interest

and subsequently the said suit was decreed.

4. The learned counsel for the accused filed certified copy of

order dated 16.03.2021 in E.P. No.175 of 2016 on the file of I

Additional Senior Civil Judge at Warangal, wherein it shows

that the accused/J.Dr had paid the entire amount to the full

satisfaction of the complainant/D.Hr. The learned counsel

further submits that the cheque in question was also the

subject matter of the criminal proceedings for recovery of the

suit amount and accordingly the E.P. was terminated.

5. The learned Assistant Public Prosecutor appearing for the

respondent/State takes no objection for the same.

6. Recording the said submissions made by the learned

counsel for the revision petitioner and the learned Assistant

Public Prosecutor appearing for respondent-State, this Court is

inclined to dismiss the Criminal Revision Case. The Certified

Copies of Application for Execution Petition, Affidavit and

Decree will become part of the record.

7. Accordingly, the Criminal Revision case is dismissed. No

order as to costs.

Miscellaneous petitions, if any, pending in this criminal revision case, stands closed.

____________________________ JUSTICE E.V.VENUGOPAL Dated: 03.10.2023 Skj

HONOURABLE SRI JUSTICE E.V.VENUGOPAL

CRIMINAL REVISION CASE No. 486 OF 2012

Dated : 03-10-2023

Skj