Citation : 2024 Latest Caselaw 3911 Tel
Judgement Date : 25 September, 2024
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
I.A.Nos.2 and 3 of 2024
IN/AND
CRIMINAL REVISION CASE No.878 of 2024
COMMON ORDER:
-
The Criminal Revision Case is filed against the judgment
dated 31.07.2024 in Criminal Appeal No.542 of 2019 on the file
of the learned III Additional District & Sessions Judge-cum-II
Additional Metropolitan Sessions Judge-cum-Principal Family
Court Judge, Medchal-Malkajgiri District, at Kukatpally (for
short, "the appellate Court") in confirming the judgment dated
03.06.2019 in C.C.No.60 of 2018 on the file of the learned VIII
Special Magistrate, Kukatpally, at Prashanthnagar (for short,
"the trial Court").
2. Heard Mr.Dasari Ananda, learned counsel for the
petitioner and Mr.V.S.R.M.V.Prasad Sanaka, learned counsel for
respondent No.1.
3. When the matter is taken up for hearing, the learned
counsel for the petitioner and unofficial respondent No.1, in one
voice, submitted that both the parties have compromised the
matter and accordingly, I.A.Nos.2 and 3 of 2024 are filed
seeking to compound the offence under Section 138 of the
Negotiable Instruments Act and to set aside the impugned
judgment.
4. The petitioner and unofficial respondent No.1 are present
before this Court and identified by their respective counsel and
they have asserted the terms of compromise.
5. Learned counsel for the petitioner, by filing the memo
dated 25.09.2024, would submit that pursuant to the order
dated 23.09.2024 passed by this Court, the petitioner had
deposited an amount of Rs.10,000/- to the credit of High Court
Legal Services Committee, High Court of Telangana, at
Hyderabad vide Demand Draft bearing No.497381 dated
25.09.2024 and an amount of Rs.10,000/- to the credit of the
Telangana High Court Advocates Association vide Order
INV09245472 dated 25.09.2024.
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.320 of
Criminal Procedure Code permission is accorded and the
compromise is recorded.
7. Accordingly, I.A.Nos.2 and 3 of 2024 and this Criminal
Revision Case are allowed. Resultantly, the conviction and
sentence imposed against the petitioner in judgment dated
dated 31.07.2024 in Criminal Appeal No.542 of 2019 on the file
of the learned III Additional District & Sessions Judge-cum-II
Additional Metropolitan Sessions Judge-cum-Principal Family
Court Judge, Medchal-Malkajgiri District, at Kukatpally, in
confirming the judgment dated 03.06.2019 in C.C.No.60 of
2018 on the file of the learned VIII Special Magistrate,
Kukatpally, at Prashanthnagar 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: 25.09.2024 ESP
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