CRLRC/2103/2009 of SRINIVASA AUTO FINANCIERS, NIDUBROLU, GUNTUR DIST. Vs THE STATE OF A.P., REP. BY P.P., HYDERABAD, & ANR. on 19 August 2026

1. SRINIVASA AUTO FINANCIERS, NIDUBROLU, GUNTUR DIST., REP. BY ITS MANAGING PARTNER, MOVVA RAMA SESHAGIRI RAO, HINDU, BUSINESS AND AGRICULTURE S/O. NAGA BHUSHANAM, R/O. SRI RAM NAGAR, NIDUBROLU,

...PETITIONER AND

1. THE STATE OF A P REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, HYDERABAD.

2. VASIREDDY ARUNA KUMARI, W/O. LATE BUJJI BABU HINDU, HOUSEWIFE R/O. D.NO. 1-3-36, BHAVA NAGAR COLONY, II LINE, II CROSS ROAD,

...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present the Memorandum of Criminal Revision Petition aggrieved by the judgment dated 30-03-2009 made in Crl.Appeal No. 335 of 2007 on the file of Sessions Judge, Guntur modifying the judgment made in C.C. No. 290 of 2003 dated 10-10-2007 on the file of the Additional Junior Civil Judge, Ponnur. IA NO: 1 OF 2009(CRLRCMP 2915 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 127 days in filing the Criminal Revision Case.

IA NO: 2 OF 2009(CRLRCMP 2962 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with filing the certified copy of the Judgment in C.C. No. 290 / 03 dt. 10-10-07 on the file of the Addl. Junior Civil Judge, Ponnur. Counsel for the Petitioner:

1. G JHANSI Counsel for the Respondent(S):

1. K ANANDA RAO

2. PUBLIC PROSECUTOR

The Court made the following order: Instant Criminal Revision Case has been preferred against judgment dated 30.03.2009 passed in Criminal Appeal No.335 of 2007 on the file of the learned Sessions Judge, Guntur, by modifying judgment dated 10.10.2007 made in C.C.No.290 of 2003 on the file of the learned Additional Senior Civil Judge, Ponnur.

2. Brief facts of the matter:

Petitioner being complainant initiated criminal proceeding before learned trial Court under Section 138 of N.I.Act against 2nd respondent, which was numbered as C.C.No.290 of 2003. Calender Case was ended in conviction against 2nd respondent; aggrieved thereby an appeal is preferred. Learned appellate Court, after hearing both parties, allowed appeal in part, thereby, order of conviction passed by learned trial Court was modified to the effect that though 2nd respondent/accused was found guilty for the offence punishable under Section 138 of N.I.Act., but substantive sentence of imprisonment for six months was set aside and fine amount was confirmed, in addition to the fine amount, 2nd respondent also directed to pay further fine amount of Rs.5,000/-. Being aggrieved by impugned order of modification, complainant being petitioner filed the instant criminal revision case.

3. During argument, learned counsel appearing on behalf of petitioner/complainant submits that the dispute between parties was settled outside of the Court. In support of the settlement, both the parties appeared before Lok Adalath, Guntur. On their approach, Lok Adalat Case No.1726 of 2018 was initiated in O.S.No.101 of 2009 on the file of the learned Principle District Judge, Guntur. The matter was settled in between the parties. Accordingly, award dated 13.11.2018 was passed. Both the parties being petitioner and accused have settled all the disputes between themselves in the said Lok Adalat. Placing a copy of the award in Lok Adalat case No.1726 of 2018, learned counsel for the petitioner on instructions submits that cause of action in the criminal revision does not exist, after the matter was settled before the Lok Adalat.

4. Having heard the learned counsel on both sides, as the matter was settled outside the Court and an award has been passed, nothing is left for this Court to decide the matter. By virtue of award of Lok Adalat, the offence under Section 138 of N.I.Act is hereby compounded under Section 147 of N.I.Act. Order of conviction and sentence passed by the learned Magistrate concerned and modified by the learned appellate Court is hereby set aside. The 2nd respondent/accused is hereby acquitted from this case.

5. In view of the above mentioned, the Criminal Revision Case is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date : 20.08.2026

SPP

THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA

CRIMINAL REVISION CASE NO: 2103 of 2009

Dated 20.08.2026

SPP