Telangana High Court
B.Naveen Goud vs E.Venkatesh Goud And Anothers on 26 March, 2024
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
I.A.No.1 of 2024
In/And
CRIMINAL REVISION CASE No.2489 of 2011
COMMON ORDER:
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The Criminal Revision Case is filed aggrieved by the
judgment dated 14.12.2011 in Criminal Appeal No.285 of 2011
on the file of the learned III Additional Metropolitan Sessions
Judge, at Hyderabad (for short, "the appellate Court") in
modifying the judgment dated 13.05.2011 in C.C.No.512 of
2010 on the file of the learned XV Additional Judge-cum-XIX
Additional Chief Metropolitan Magistrate, Hyderabad (for short,
the trial Court").
2. Heard Mr. Sreenivasa Rao Velivela, learned counsel for
the petitioner, Mr. Vizarath Ali, learned Assistant Public
Prosecutor appearing for respondent No.1 State and
Mr. Akula Srinivas, learned counsel for respondent No.2
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.No.1 of
2024 has 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 04.01.2024 passed by this Court,
the petitioner paid 5% of the settled cheque amount to the
Telangana Legal Services Authority vide receipt No.629 dated
12.01.2024 and another 5% to the Telangana High Court
Advocates Association vide receipt No.INV012443616 dated
08.01.2024 respectively and seeks to allow the Revision.
5. Learned Assistant Public Prosecutor as well as learned
counsel for unofficial respondent No.1 concedes to the same.
6. The appearances of the petitioner and unofficial
respondent No.1 are dispensed with.
7. It is apparent from the record that vide order dated
04.01.2024, this Court directed the petitioner to deposit 5% of
the settled cheque amount to the credit of Telangana Legal
Services Committee, Hyderabad. But the petitioner had
deposited the said amount to the credit of Telangana Legal
Services Authority. However, as it is a technical error on the
part of the petitioner, the said irregularity is hereby condoned.
8. 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.
9. Accordingly, the I.A.No.1 of 2024 and the Criminal
Revision Case are allowed and the conviction and sentence
recorded against the petitioner in judgment dated 14.12.2011 in
Criminal Appeal No.285 of 2011 on the file of the learned III
Additional Metropolitan Sessions Judge, at Hyderabad, in
modifying the judgment dated 13.05.2011 in C.C.No.512 of
2010 on the file of the learned XV Additional Judge-cum-XIX
Additional Chief Metropolitan Magistrate, Hyderabad, is hereby
set aside. Consequently, the petitioner/accused shall be set at
liberty, forthwith, if he is not required in any other case or
crime. The memo shall form part of this order.
Miscellaneous petitions, if any pending, in this Revision,
shall stand closed.
___________________________
JUSTICE E. V. VENUGOPAL
Date: 26.03.2024
ESP
THE HON'BLE SRI JUSTICE E. V. VENUGOPAL
In/And
CRIMINAL REVISION CASE No.2489 of 2011
Date: 26-03-2024
ESP
