Telangana High Court
CRLRC/2739/2017 of M.SAMSON, HYDERABAD., Vs M.SATYANAND, HYD AND ANR, REP PP., on 30 December 2022
Dr. JUSTICE G. RADHA RANI CRIMINAL REVISION CASE No. 2739 of 2017 ORDER: This Criminal Revision Case is filed by the petitioner-accused to set aside the judgment dated 31.08.2017 in Criminal Appeal No.316 of 2017 passed by the XIV Additional District Judge, Ranga Reddy at L.B.Nagar,
THE HON’BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL REVISION CASE No. 2739 of 2017
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ORDER:
This Criminal Revision Case is filed by the petitioner-accused to set aside the judgment dated 31.08.2017 in Criminal Appeal No.316 of 2017 passed by the XIV Additional District Judge, Ranga Reddy at L.B.Nagar, confirming the judgment of conviction and sentence imposed in C.C.No.248 of 2015 dated 15.02.2017 on the file of the IX Special Magistrate, Hasthinapuram.
2. Learned counsel for the petitioner-accused submitted that during pendency of the revision case, the parties have entered into compromise and filed a joint compromise memo dated 28.12.2022 signed by both the parties.
3. The petitioner-accused and the complainant-respondent No.1 appeared before this Court. They have filed copies of their Aadhar Cards in proof of their identity and they are identified by their respective counsel. They stated in the compromise memo that the matter under Section 138 of Negotiable Instruments Act was compromised between them with the intervention of the elders and the complainant agreed to receive Rs.8,00,000/- (Rupees Eight Lakhs only) in lieu of the cheque amount of Rs.9,00,000/- (Rupees Nine Lakhs only) towards full and final settlement. It was also stated in the compromise memo that the complainant had already received part of the amount which was deposited before the Court and the accused paid Rs.4,30,000/- (Rupees Four Lakhs thirty thousand only) by way of Demand Draft bearing No.140759 dated 14.12.2022 towards the balance of the agreed full and final settlement amount, and requested to compound the offence against the accused by recording the compromise and to acquit the accused for the said offence, in terms of the compromise memo.
3. Considering the same, it is considered fit to allow the Criminal Revision Case in terms of the compromise by setting aside theimpugned judgment.
4. In the result, the Criminal Revision Case is allowed in terms of the compromise, by setting aside the judgment dated 31.08.2017 in Criminal Appeal No.316 of 2017 passed by the XIV Additional District Judge, Ranga Reddy at L.B.Nagar,whereunder the appellate court confirmed the judgment of conviction and sentence imposed against the petitioner-accused in C.C.No.248 of 2015 vide judgment dated 15.02.2017 on the file of the IX Special Magistrate, Hasthinapuram. The petitioner-accused is acquitted for the offence under Section 138 of the Negotiable Instruments Act. The bail bonds of the accused shall stand cancelled.
5. However, the revision petitioner-accused is directed to deposit an amount of Rs.10,000/- (Rupees Ten thousand only) before the High Court Legal Services Committee, Hyderabad within a period of one week from today.
Miscellaneous petitions pending, if any, shall stand closed.
December 28, 2022 SS/SAI|
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Dr. G. RADHA RANI, J