Telangana High Court
Diggai Venkata Padma, Khammam Town And ... vs The State Of Telangana, Rep Pp And Anr., on 16 February, 2024
1
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.1858 OF 2017
O R D E R:
The present Criminal Revision Case is filed aggrieved by the
judgment dated 05.06.2017 in Criminal Appeal No.150 of 2014
on the file of the learned Special Sessions Judge for Trial of Cases
under Schedule Castes and Schedule Tribes (POA) Act-cum-
Additional Sessions Judge, at Khammam (for short, "the
appellate Court") in confirming the judgment dated 01.10.2014 in
C.C.No.410 of 2007 on the file of the learned Special Judicial
Magistrate of First Class, at Khammam (for short, "the trial
Court").
2. No representation on behalf of the petitioner. Heard
Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing
for respondent No.1 State.
3. There was no representation on behalf of the petitioner on
02.02.2024 and 09.02.2024. Even today also there is no
representation on behalf of the petitioner inspite of listing the
matter under the caption, "for dismissal". Therefore, this Court is
inclined to proceed with the matter on merits of the case as per
the decision of the Hon'ble Supreme Court in "Bani Singh and
others Vs. State of Uttar Pradesh 1", wherein it was categorically
held that the High Court cannot dismiss any appeal for non-
prosecution simpliciter without examining the merits.
4. The brief facts of the case are that petitioner/accused
obtained loan of Rs.75,000/- on 14.09.2005 from respondent
No.2/complainant bank and agreed to pay the same in 60
monthly installments with interest @ 10.25% per annum with
monthly rests. As per the account No.30015349222 maintained
by the complainant an amount of Rs.86,625/- with interest @
12% was due as on 07.11.2006. The accused issued cheque
bearing No.020576 in favour of complainant bank payable at
Corporation Bank, Khammam for an amount of Rs.86,625/-
towards part payment of the loan amount. On presentation, the
said cheque was returned on 08.11.2006 due to insufficient
funds. Therefore, the complainant issued legal notice on
21.11.2006 calling upon her to pay the amount. But the said
notice was returned unserved and the accused failed to pay the
cheque amount. Therefore, the accused was alleged to have
committed the offence punishable under Section 138 of the
Negotiable Instruments Act (for short, "the NI Act").
(1996) 4 Supreme Court Cases 720
5. The trial Court vide judgment dated 01.10.2014 in
C.C.No.410 of 2007 found the accused guilty for the alleged
offence and sentenced her to undergo simple imprisonment for a
period of six months. Aggrieved thereby, accused preferred an
appeal.
6. The appellate Court vide judgment dated 05.06.2017 in
Criminal Appeal No.150 of 2014 dismissed the appeal confirming
the judgment passed by the trial Court. Assailing the same, the
present Revision.
7. Learned counsel for the petitioner would submit that a
mistake crept in with regard to the account number of the
petitioner in the impugned judgment and the said account
number was wrongly typed as No. 30015349222. By filing the
letter dated 06.11.2017 issued by the Chief Manager, State Bank
of India, he would further submit that the personal loan account
of the petitioner bearing No.30015439222 was closed on
06.11.2017 under one time settlement scheme (Rinn Samadhan)
and there were no dues to its credit. Therefore, learned counsel
seeks to set aside the impugned judgment.
8. A perusal of the record shows that a mistake had crept in
with regard to the account number of the petitioner in the
impugned judgment. Upon taking into consideration, the letter
dated 06.11.2017 issued by respondent No.2 and in view of the
fact that the loan amount of the petitioner was settled under 'one
time settlement scheme', this Court is of the opinion that nothing
survives for adjudication in this Revision and the impugned
judgment dated 05.06.2017 in Criminal Appeal No.150 of 2014
on the file of the learned Special Sessions Judge for Trial of Cases
under Schedule Castes and Schedule Tribes (POA) Act-cum-
Additional Sessions Judge, at Khammam is hereby set aside.
9. Accordingly, the Criminal Revision Case is allowed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________
E.V. VENUGOPAL, J
Date: 16.02.2024
ESP
THE HON'BLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.1858 OF 2017
Dated: 16.02.2024
ESP
