Telangana High Court
Potu Koteswara Rao vs The State Of Telangana on 1 October, 2024
1
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
I.A.Nos.01 and 02 of 2024
IN/AND
CRIMINAL REVISION CASE NO.488 OF 2021
COMMON ORDER:
This Criminal Revision Case is filed under Sections 397 and
401 of the Code of Criminal Procedure (for short "Cr.P.C.") by the
petitioner - Accused to set aside the judgment dated 28.09.2021
passed in Criminal Appeal No.21 of 2020 by the learned Principal
Sessions Judge at Khammam, confirming the judgment of conviction
and sentence imposed in C.C.No.69 of 2016 dated 27.01.2020 on the
file of the Judicial Magistrate of First Class, Spl.Mobile Court,
Khammam, for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
2. During the pendency of the present revision case, the parties
have compromised the matter and, accordingly, respondent No.2 - de
facto complainant filed I.A.Nos.1 and 2 of 2024 seeking permission to
compromise the case and to compound the offences.
3. Vide order dated 26.07.2024, this Court, after recording the
submissions made by the respective parties, directed them to appear
before the Secretary, Telangana High Court Legal Services
Committee, Hyderabad, for their identification and also directed the
Secretary to submit a report by 09.08.2024. In compliance with the
said order, the Secretary has submitted his report, on 31.07.2024.
4. Today, the revision petition and the complainant appeared
before this Court. They filed copies of their Aadhar Cards in proof of
their identity and they are identified by their respective counsel. The
parties have also filed a Joint Memo. 2nd respondent - de facto
complainant stated that he intended to compromise the matter with
the petitioner-accused on the intervention of the elders and well
wishers and he has no objection to quash the proceedings against
the petitioner herein in the above Case.
5. When the matter is taken up for hearing, learned counsel for
the revision petitioner submitted that the disputes between the
parties have already been settled in terms of MOU-cum-Compromise,
dated 22.08.2022 and the petitioner-accused has already paid the
agreed amount to the 2nd respondent. It is stated by both the parties
that they voluntarily entered into the compromise without any
coercion or force. Apart from that, earlier, both the parties have
settled their disputes and compromised the matters pending between
them in Crl.R.C.No.649 of 2018 and A.S.No.105 of 2021. Therefore,
prayed to allow I.A.Nos.1 and 2 of 2024 and quash the proceedings
against the petitioner.
6. In view the said report of the Secretary, Telangana High Court
Legal Services Committee, Hyderabad, and also in view of the
compromise entered into between the parties, I.A.Nos.1 and 2 of
2024 are allowed. Consequently, the Crl.R.C.No.488 of 2021 is
allowed setting aside the judgment dated 28.09.2021 passed in
Criminal Appeal No.21 of 2020 by the learned Principal Sessions
Judge at Khammam, confirming the judgment of conviction and
sentence imposed in C.C.No.69 of 2016 dated 27.01.2020 on the file
of the Judicial Magistrate of First Class, Spl.Mobile Court,
Khammam.
As a sequel, the miscellaneous Petitions, pending if any, shall
stand closed.
____________________________
JUSTICE E.V. VENUGOPAL
Date: 01.10.2024
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