Telangana High Court
Ajay Kumar Jain vs The State Of Ap., Rep.Byits P.P And ... on 24 January, 2024
THE HON'BLE SRI JUSTICE E. V. VENUGOPAL
I.A.Nos.1, 2 and 3 of 2024
In/And
CRIMINAL REVISION CASE No.1687 of 2011
ORDER:
-
The Criminal Revision Case is filed aggrieved by the
judgment dated 12.08.2011 in Criminal Appeal No.228 of 2010
on the file of the learned III Additional Metropolitan Sessions
Judge, at Hyderabad (for short, "the appellate Court") in
modifying the judgment dated 28.06.2010 in C.C.No.484 of
2008 on the file of the learned XIV Additional Judge-cum-XVIII
Additional Chief Metropolitan Magistrate, at Hyderabad (for
short, "the trial Court").
2. Heard Mr. Gudi Madhusudhan Reddy, learned counsel for
the petitioner and Mr. Vizarath Ali, learned Assistant Public
Prosecutor appearing for the respondent No. 1 State.
3. When the matter is taken up for hearing, the learned
counsel for the petitioner submitted that both the parties have
entered into compromise and settled the matter out of Court
and that the terms of compromise were reduced into writing in
the form of memorandum of compromise and that I.A.Nos.1, 2 2
and 3 of 2024 have been filed seeking permission of this Court
to compound the offence under Section 138 of Negotiable
Instruments Act and record the terms of compromise between
the parties.
4. Learned counsel for the petitioner further contended that
pursuant to the order dated 03.01.2024 passed by this Court,
the petitioner paid 5% of the settled cheque amount to the
Telangana Legal Services Authority and another 5% to the
Advocates Association, High Court for the State of Telangana
vide Bankers cheque bearing No.572403 dated 12.01.2024 and
INV012443849 dated 12.10.2024 respectively and seeks to
allow the Revision.
5. In view of the settlement arrived at between the parties no
purpose would be served in keeping the proceedings pending.
Having regard to the enabling provision of Section.320 of
Criminal Procedure Code permission is accorded and the
compromise is recorded.
6. Accordingly, I.A.Nos.1, 2 and 3 of 2024 are allowed and
the Criminal Revision Case is allowed and the conviction and
sentence recorded against the petitioner in judgment dated 3
12.08.2011 in Criminal Appeal No.228 of 2010 on the file of the
learned III Additional Metropolitan Sessions Judge, at
Hyderabad is set aside. Consequently, the petitioner/accused
shall be set at liberty, forthwith, if he is not required in any
other case or crime. The memorandum of compromise shall
form part of this order.
Miscellaneous petitions, if any pending, in the Criminal
Petition, shall stand closed.
___________________________ JUSTICE E. V. VENUGOPAL
Date: 24.01.2024 ESP
