Citation : 2024 Latest Caselaw 4376 Tel
Judgement Date : 11 November, 2024
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
I.A.No.1 of 2024
IN/AND
CRIMINAL REVISION CASE No.1638 of 2011
COMMON ORDER:
-
The Criminal Revision Case is filed against the judgment
dated 19.07.2011 in Criminal Appeal No.85 of 2008 on the file
of the learned Judge, Family Court-cum-Additional Sessions
Judge, at Khammam (for short, "the appellate Court")
confirming the judgment dated 21.05.2008 in C.C.No.217 of
2007 on the file of the learned Judicial Magistrate of First Class,
at Manuguru (for short, "the trial Court").
2. Heard Mr.Harinadh Nidamanuri, learned counsel for the
petitioner, Mr.Jithender Rao Veeramala, learned Additional
Public Prosecutor appearing for respondent No.1-State and
Mr.Kiran Reddy Mallarapu, learned counsel for unofficial
respondent No.2.
3. When the matter is taken up for hearing, the learned
counsel for the petitioner and unofficial respondent No.2, in one
voice, submitted that both the parties have compromised the
matter and accordingly, I.A.No.1 of 2024 is filed seeking to
compound the offence under Section 138 of the Negotiable
Instruments Act and to set aside the impugned judgment.
4. Learned counsel for the petitioner, by filing the memo vide
U.S.R.No.109183 of 2024, submitted that in compliance of the
order dated 24.10.2024 passed by this Court, the petitioner had
deposited an amount of Rs.40,000/- to the credit of the High
Court Legal Services Committee on 07.11.2024 vide receipt
No.1541 and an amount of Rs.40,000/- to the credit of the
Telangana High Court Advocates Association vide order
INV112456044 dated 07.11.2024.
5. The petitioner and unofficial respondent No.2, along with
their respective counsel are present before this Court and they
have asserted the terms of compromise.
6. 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 359(2) of
Bharatiya Nagarik Suraksha Sanhita, 2023 (previously known
as Section 320 of Criminal Procedure Code) permission is
accorded and the compromise is recorded.
7. Accordingly, I.A.No.1 of 2024 and this Criminal Revision
Case are allowed. Resultantly, the conviction and sentence
imposed against the petitioner in judgment dated 19.07.2011 in
Criminal Appeal No.85 of 2008 on the file of the learned Judge,
Family Court-cum-Additional Sessions Judge, at Khammam 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 the Criminal
Petition, shall stand closed.
___________________________ JUSTICE E.V. VENUGOPAL
Date: 11.11.2024 ESP
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