Telangana High Court
CRLRC/401/2008 of Patha Rajaiah, Vs Ch.Rajeshwar, on 30 December 2014
SRI JUSTICE M.SEETHARAMA MURTI CRL.R.C.M.P.No.4312 of 2014 In/And CRIMINAL REVISION CASE No.401 of 2008 ORDER: Challenging the judgment dated 07.03.2008 passed by the learned VI Additional Sessions Judge (Judge, Fast Track Court), Nizamabad at Kamareddy in Crl.A.No.77 of 2006 confirming
THE HONOURABLE SRI JUSTICE M.SEETHARAMA MURTI
CRL.R.C.M.P.No.4312 of 2014In/AndCRIMINAL REVISION CASE No.401 of 2008
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ORDER:
Challenging the judgment dated 07.03.2008 passed by the learned VIAdditional Sessions Judge (Judge, Fast Track Court), Nizamabad atKamareddy in Crl.A.No.77 of 2006 confirming the conviction recorded andsentence imposed by the learned Special Judicial Magistrate of First Class(Mobile) at Kamareddy vide judgment dated 28.11.2006 in C.C.No.214 of2001, the accused/ petitioner herein had preferred the present revision.
2. When the matter is taken up for hearing, both the counsel had filedCrl.RC.MP.No.4312 of 2014 stating that the parties have entered into acompromise and prayed for granting permission to compound the offencepunishable under Section 138 of the Negotiable Instruments Act and to setaside the conviction and sentence imposed against the petitioner-accused.
3. Both the parties as well as their counsel have signed on the joint memoannexed to Crl.RC.MP.No.4312 of 2014. The parties, who are present, havealso affirmed the terms of compromise. A perusal of the affidavit filed insupport of the petition goes to show that the matter was settled between theparties.
4. In view of the amicable settlement of the dispute between the partiesand in view of the nature of the proceedings and the enabling provision underSection 147 of the Negotiable Instruments Act in regard to compounding ofthe offence under the said Act, Crl.RC.MP.No.4312 of 2014 is ordered andthe compromise is recorded. Consequent thereto, the Crl.R.C.401 of 2008 isallowed and the judgment dated 28.10.2006 in C.C.No.214 of 2001 passedby the learned Special Judicial Magistrate of First Class (Mobile), Kamareddy as well as the judgment dated 07.03.2008 in Crl.A.No.77 of 2006 passed bythe learned VI Additional Sessions Judge (Judge, Fast Track Court),Nizamabad at Kamareddy are set aside and the accused is acquitted of theoffence punishable under Section 138 of the Negotiable Instruments Act. It isdirected that the compromise petition shall form part of the record. No orderas to costs.
Miscellaneous petitions, if any, pending in this revision shall standclosed.
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M. SEETHARAMA MURTI, J
30[th] December 2014Vjl