Cipati Shekar vs Dr. Anil Padal And The State Of A.P.
2024 Latest Caselaw 3835 Tel

Telangana High Court

Cipati Shekar vs Dr. Anil Padal And The State Of A.P. on 18 September, 2024

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        THE HONOURABLE SRI JUSTICE K. SURENDER

          CRIMINAL REVISION CASE No.1573 OF 2011
             ALONG WITH I.A.Nos.1 and 2 OF 2023

COMMON ORDER:

The revision petitioner/accused was convicted for the offence

under Section 138 of the Negotiable Instruments Act. The said

conviction was confirmed in appeal by the Sessions Court.

2. The case of the complainant is that the accused offered to sell

agricultural land for Rs.15 lakhs. The complainant paid

Rs.14,50,000/- and agreed to pay remaining Rs.50,000/- at the

time of registration to the accused. However, the accused having

received the consideration failed to register the land. Thereafter,

the cheque in question for Rs.22 lakhs was issued by the accused.

The said cheque when presented for clearance was returned

unpaid. Accordingly, complaint was filed.

3. Both the trial Court and the appellate Court held that the

accused was liable to the extent of the cheque amount and

accordingly convicted.

4. During the pendency of the criminal revision, parties entered

into compromise and filed IA.Nos.1 and 2 of 2023 to permit to

compound the offences and to compromise the case.

5. The parties herein have filed a joint memo of compromise

along with IA.No.2 of 2023 under Section 147 of the Negotiable

Instruments Act, stating that at the intervention of the elders and

well wishers, they have settled the disputes between them amicably

and 1st respondent herein/complainant has no objection to

compound the offence under Section 138 of the Negotiable

Instrument Act and to set aside the conviction and sentence

recorded in C.C.No.1016 of 2008, dated 12.11.2010 confirmed in

Crl.A.No.102 of 2010 vide Judgment dated 18.07.2011. The

accused submits that they have paid Rs.50,000/- to the High

Court Advocates Association and Rs.50,000/- to Sainik Welfare

Fund as donation.

6. The offence under Section 138 of the Negotiable Instruments

Act is quasi criminal in nature and is compoundable. In view of the

compromise entered between the petitioner/Accused and

respondent No.1/defacto complainant, this Court is inclined to

permit the parties to enter into compromise. Accordingly, I.A.Nos.1

and 2 of 2023 are allowed. Consequently, the Criminal Revision

Case is allowed and the conviction and sentence recorded in

C.C.No.1016 of 2008, dated 12.11.2010 by the Judicial Magistrate

of First Class, Armoor, confirmed by the Sessions Judge,

Nizamabad, in Crl.A.No.102 of 2010, is hereby set aside. The joint

memo of compromise filed by the parties shall form part of the

record.

As a sequel, the miscellaneous Petitions, pending if any, shall

stand closed.

__________________ K.SURENDER, J Date: 18.09.2024 tk