Ramagiri Pullaiah vs S.V.Ramana Reddy And The State Of A.P.
2024 Latest Caselaw 1629 Tel

Telangana High Court

Ramagiri Pullaiah vs S.V.Ramana Reddy And The State Of A.P. on 22 April, 2024

      THE HONOURABLE SRI JUSTICE K.SURENDER

       CRIMINAL REVISION CASE No.1970 of 2012

ORDER:

This revision is filed by the petitioner / Accused,

challenging the Judgment of the learned Judge, Family Court

- cum - Additional Sessions Judge, Khammam, dated

28-09-2012 in Crl.A.No.78 of 2009, confirming the Judgment

passed by the learned II Addl. Judicial Magistrate of First

Class, Kothagudem, in C.C.No.19 of 2006, dated 13-07-2009,

convicting the petitioner for the offence punishable under

Section 138 of Negotiable Instruments Act (for short, 'the

Act'), and sentencing him to undergo simple imprisonment for

a period of six (6) months.

2. Heard. Perused the record.

3. Learned counsel appearing for the 1st respondent /

complainant would submit that with the intervention of

elders both the complainant and accused have settled their

issues outside the Court and they are not intending to

prosecute the present Criminal Revision Case.

4. Learned counsel appearing for the both the parties

would submit that in accordance with the judgment of

Hon'ble Apex Court and in compliance of order dated

19-03-2024 passed by this Court, compounding fee of

Rs.15,000/- was paid to the High Court Legal Services

Committee and Telangana High Court Advocates' Association

(Rs.7,500/- each). In proof of the same, receipts dated

22-03-2024 have been filed. They are placed on record.

5. In view of the settlement between the parties and since

the offence is compoundable under Section 142 of the Act,

this Court deems it appropriate to record the submission

made by both the counsel on record and accordingly, the

conviction and sentence recorded by the trial Court and

confirmed by the appellate Court are liable to be set aside.

6. Accordingly, this Criminal Revision Case is allowed

setting aside the conviction and sentence recorded by the

learned II Addl. Judicial Magistrate of First Class,

Kothagudem, in C.C.No.19 of 2006, dated 13-07-2009, for

the offence punishable under Section 138 of Negotiable

Instruments Act, confirmed by the learned Judge, Family

Court - cum - Additional Sessions Judge, Khammam, dated

28-09-2012 in Crl.A.No.78 of 2009, and the revision

petitioner /Accused is acquitted. The bail bonds, if any, shall

stand cancelled

As a sequel, miscellaneous applications, if any, pending

shall stand closed.

__________________ K. SURENDER, J

April 22, 2024 PN