Citation : 2024 Latest Caselaw 2551 Tel
Judgement Date : 5 July, 2024
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
INTERLOCUTORY APPLICATION Nos.1 & 2 of 2024
IN/AND
CRIMINAL REVISION CASE No.147 OF 2019
COMMON ORDER:
Heard learned counsel for petitioner-accused as well as
learned counsel for respondent No.2-de-facto complainant and
learned Assistant Public Prosecutor for the State-respondent and
perused the record.
02. It is submitted by learned counsel for petitioner and
respondent No.2 that during pendency of the present Criminal
Revision Case, the parties have compromised the matter and
accordingly, I.A.Nos.1 and 2 of 2024 have been filed seeking
permission and to record the compromise between them.
03. Learned counsel for the unofficial respondent
identified the de-facto complainant and petitioner who are present
in the Open Court. Learned counsel for petitioner also identified
unofficial respondent and petitioner in the Open Court. Joint
memo has been filed by petitioner and respondent No.2 in the
Criminal Revision Case along with I.A.No.2 of 2024 and both the
learned counsel sought for recording compromise under Section
320 (2) of the Code of Criminal Procedure.
04. In compliance of Orders of this Court dated
13.06.2024 by following the decision of Honourable Supreme
Court of India in Damodar S. Prabhu v. Sayed Babalal 1,
learned counsel for petitioner filed a Cost Memo dated 04.07.2024
vide USR No.60470 of 2024 along with receipts showing the
payment of costs of Rs.12,500/- in favour of the Telangana High
Court Advocates' Association and Rs.12,500/- in favour of the
Telangana State Legal Services Committee, Hyderabad. The Cost
Memo dated 04.07.2024 vide USR No.60470 of 2024 along with
receipts, is taken on record.
05. In view of the above facts and circumstances,
recording the compromise between both the parties, the
Interlocutory Applications vide I.A.Nos.1 & 2 of 2024 are allowed.
Consequently, this Criminal Revision Case is allowed and the
Judgment dated 23.01.2019 in Criminal Appeal No.805 of 2016
passed by the learned Additional Metropolitan Sessions Judge for
trial of Communal Offence Cases-cum-VII Additional Metropolitan
2010 (5) SCC 663
Sessions Judge, Hyderabad confirming the Judgment of
Conviction and Sentence dated 16.08.2016 in C.C.No.135 of 2015
(Old C.C.No.701 of 2015 on the file of learned IX Additional Chief
Metropolitan Magistrate) passed by the learned XVI Special
Magistrate, Hyderabad, is hereby set aside. Accordingly,
petitioner-accused is acquitted for the offence under Section 138
of the Negotiable Instruments Act.
As a sequel, pending miscellaneous applications, if any,
shall stand closed.
____________________ E.V. VENUGOPAL, J Dated: 05-JUL-2024 KHRM
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