Andhra Pradesh High Court
CRLRC/3320/2017 of Nagadesi Swamy Devanand Vs Gudivada Varalakshmi on 5 May 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.Nos.1 & 2 of 2026 in/and CRIMINAL REVISION CASE NO: 3320/2017 Between: 1. NAGADESI SWAMY
APHC010958552017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY,THE SIXTH DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA
I.A.Nos.1 & 2 of 2026
in/and
CRIMINAL REVISION CASE NO: 3320/2017
Between:
1. NAGADESI SWAMY DEVANAND, S/O. ELIYA, EMPLOYEE, O/O
TAHSILDAR, T.NARASAPURAM, R/O. T.NARASAPURAM VILLAGE
AND MANDAL, WEST GODAVARI DISTRICT.
...PETITIONER
AND
1. GUDIVADA VARALAKSHMI, W/O. GANGADHARA RAO, GANTIVARI
STREET, CHINTALAPUDI, WEST GODAVARI STREET.
2. THE STATE OF ANDHRA PRADESH, REP., BY PUBLIC
PROSECUTOR, HIGH COURT HYDERABAD
...RESPONDENT(S):
Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto present this Memorandum of Criminal Revision Case, having been aggrieved by the Judgment dt.30-11-2017 passed in Crl.A.No. 95 of 2016 on the file of the Prinicipal Sessions Judge, West Godavari at Eluru, confirming the convition and sentence imposed in C.C.No. 49/2013 dt.26-02-2016 on the file of the Judicial Magistrate of First Class, Chintalapudi IA NO: 1 OF 2017(CRLRCMP 5371 OF 2017
in the affidavit filed in support of the petition, the High Court may be pleased to dispense with filing of the certified copy of the trial court judgment passed in
C.C.No. 49/2013 dt.26-02-2016 on the file of the Judicial Magistrate of First Class, Chintalapudi, pending disposal of the main revision, IA NO: 2 OF 2017(CRLRCMP 5372 OF 2017
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 enlarge the petitioner herein on bail by suspending the sentence imposed in
C.C.No. 49/2013 dt.26-02-2016 on the file of the Judicial Magistrate of First Class, Chintalapudi, as confirmed in Crl.A.No. 95 of 2016 dt. 30-11-2017 on the ifle of the Principal Sessions Judge, West Godavari at Eluru, pending disposal of the main revision IA NO: 1 OF 2026
in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit the Petitioner and Respondent view of the amicable settlement between the Petitioner and Respondent to compound the case by setting aside the Judgment dated herein in 1st 26.02.2016 passed in
C.C.No.49 of 2013 on the file of the Court of the Judicial Magistrate of I
Class, Chintalapudi confirmed by the Judgment dated 30.11.2017 passed in Criminal Appeal No. 95 of 2016 on the file of the Court of the Principal Sessions Judge, West Godavari at Eluru and as acquit the 1st Respondent/Petitioner/Accused and pass IA NO: 2 OF 2026
in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to record the compromise by setting aside the Judgment dated 26.02.2016 passed in C.C.No.49 of 2013 on the file of the Court of the Judicial Magistrate of 1 Class, Chintalapudi as confirmed by the Judgment dated 30.11.2017 passed in Criminal Appeal No. 95 of 2016 on the file of the Court of the Principal Sessions Judge, West Godavari at Eluru and acquit the 1st Respondent/Petitioner/Accused and pass Counsel for the Petitioner:
1. Y N ANJANEYACHARYULU
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2. VENKATESWARLU KOLLA
The Court made the following:
THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA
I.A.No.1 of 2026 and I.A.No.2 of 2026
In/And
CRIMINAL REVISION CASE NO: 3320/2017
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COMMON ORDER:
1. I.A.No.01 of 2026 is filed seeking permission to file application for compounding the instant Criminal Revision Case.
2. I.A.No.02 of 2026 is filed for recording the compromise to compound the offence.
3. The instant Criminal Revision Case has been preferred against order of conviction and sentence passed in C.C.No.49 of 2013 by learned Judicial Magistrate of First Class, Chintalapudi which was confirmed by learned Appellate Court in Crl.A.No.95 of 2016. The petitioner was convicted under section 138 of Negotiable Instruments Act, 18811 (For brevity ‘the N.I.Act’).
4. At the stage of the instant Criminal Revision Case, both parties have filed an application for compromise vide I.A. No. 2 of 2026. Perused the application. The petitioner, Nagadesi Swamy Devanand S/o Eliya, and defacto-complainant, Gudivada Varalakshmi W/o Gangadhara Rao, appeared before this Court. On enquiry, the defacto-complainant submitted that she has received the amount and has signed the compromise application of her own accord, without any compulsion. She further submitted that he has no objection to the petitioner being released.
5. Having heard learned counsels for the parties.
6. Considering I.A. Nos. 1 and 2 of 2026, it appears that the offence punishable under Section 138 of the N.I. Act is liable to be compounded in terms of the compromise. Accordingly, the applications in I.A. Nos. 1 and 2 of 2026 are considered and allowed.
1 The N.I.Act,1881
7. The offence punishable under Section 138 of the N.I. Act is compoundable in nature. Compromise has been affected between the parties. Accordingly, the order of conviction recorded against the present petitioner in C.C.No.49 of 2013 by learned Judicial Magistrate of First Class, Chintalapudi, and confirmed by the learned Principal Sessions Judge, West Godavari At Eluru, in Crl. A. No. 95 of 2016, is hereby set aside as compounded. Consequently, the present petitioner is acquitted of the case. The sureties are also released.
8. Under the above observations, the Criminal Revision Case is disposed of.
Consequently, pending miscellaneous applications, if any, shall stand closed.
__________________________ JUSTICE SUBHENDU SAMANTA
Dated:06.05.2026. SSA