Andhra Pradesh High Court

CIVIL APPEAL 1571 OF 2006 on 18 September 2006

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° ~FifiC: i f

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT

FRIDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL REVISION CASE NO: 1571 OF 2006

Revision filed under Sections 397 & 401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the Nigh Court may be pleased to setaside the judgment dated 18.9.2006 made in CrI.A.No. 132 of 2006 by the Principal Sessions Judge, W.G.Eluru in confirming the sentence and conviction passed by the Special Judicial Magistrate of 1StClass (Excuse), W.G. Eluru in CC.No. 330 of 2005 dated 05.7.2006.

Between:

Yenugu Srinivas, S/o. Subrahmanyam, Age 35, Cultivation, Rio. Behind Tobacco Godowns, Pattepada, Eluru,

...PETITIONER

AND

1. The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad. Hyderabad. 2. M/s. Raj Kamal Enterprises, Rep., by its Proprietor, Sri Gottipati Venkateswararao, Eluru, West Godavari District, Andhra Pradesh. (R2 is impleaded as per Court order dated 22.04.2022 in I.A.No.1 of 2022 in CRL.R.C.No.1571 of 2006.) Venkateswararao, Eluru, West Godavari District, Andhra Pradesh. (R2 is impleaded as per Court order dated 22.04.2022 in I.A.No.1 of 2022 in CRL.R.C.No.1571 of 2006.)

...RESPONDENTS

IA NO: 1 OF 2023

Petition under Section 320 (6) CrPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner/respondent no.2 and the respondent no.1/petitioner to compromise the offence in C.C.No.330/2005 dt.05-07-2006 on the file of the court of the Special Judicial Magistrate of First Class (Excise) Eluru, Eluru District, Andhra Pradesh by recording compromise.

IA NO: 2 OF 2023

Petition under Section 320 (2) r/w Sec. 482 of CrPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner/respondent no.2 to compound the offence in C.C.No.330I2005 dt.05-07-2006 on the file of the court of the Special offence in C.C.No.330I2005 dt.05-07-2006 on the file of the court of the Special Judicial Magistrate of First Class (Excise) Eluru, Eluru District, Andhra Pradesh by recording compromise. by recording compromise.

Counsel for the Petitioner(s): Sri TURAOA SAt SURYA

Counsel for the Respondents: PUBLIC PROSECUTOR (AP)

The court made the following:

THE RON'BLE SMT JUSTICE VENKATA JYOTHIRAI PRATAPA CRIMINAL REVISION CASE No.1571 OF 2006

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ORDER:

The present Criminal Revision Case is filed by the petitioner/accused, who was convicted for the offence .under Section 138 of N.I. Act and sentenced to undergo simple imprisonment for 3 months, seeking permission of the Court, to enter to compromise in this matter as he intends to pay the amount to the complainant as full satisfaction. petitioner/accused, who was convicted for the offence .under Section 138 of N.I. Act and sentenced to undergo simple imprisonment for 3 months, seeking permission of the Court, to enter to compromise in this matter as he intends to pay the amount to the complainant as full satisfaction.

I.A. No .1 of 2023 is filed by the petitioner/ R2 to permit the petitioner/R2 and Rl/petitioner, to compromise the offence in CC No.330/2005 dt.05.07.2006 on the file of Special Judicial Magistrate of I Class (Excise Court), Eluru and I.A.No.2 of 2023 is also filed by the petitioner/R2 to permit' to compound the offence in CC No.330/2005 dt.05.07.2006 on the file of Special Judicial Magistrate of I Class (excise Court), E?uru.

Heard both the counsel

Though the accused entered the compromise at the stage of revision, in the interest of justice, taking into consideration of their poor financial conditions, this Court is permitting them to compromise the matter.

Both parties present. Complainant informed - that as he received the cheque amount, the case may be disposed of. Accordingly, I.A. No.1 of 2023 is allowed permitting the parties to enter the compromise p and I.A. No.2 of 2023- is allowed ~ recording g the compromise. received the cheque amount, the case may be disposed of. Accordingly, I.A. No.1 of 2023 is allowed permitting the parties to enter the compromise p and I.A. No.2 of 2023- is allowed ~ recording g the compromise.

In the light of the compromise recorded between the parties, judgment impugned convicting the accused for the offence punishable under Section 138 of N.I. Act and sentence passed against him is hereby set aside. Consequently, accused is acquitted for the offence punishable under Section} 138 of N.I. Act.

Accordingly, Criminal Revision Case is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

Shc-M. RAMESH BABU DEPUTY REGISTRAR

//TRUE COPY/!

SECTION OFFICER

To,

1. The Principal Sessions Judge, WG at Eluru. (Along with Joint Compromise petition filed in l.A. No. 2 of 2023) petition filed in l.A. No. 2 of 2023)

2. The Special Judicial Magistrate of l Class (Excise), WG Elugu.

(Along with Joint Compromise petition filed in l.A. No. 2 of 2023)

3. One CC to SRI TURAGA SAI SURYA Advocate [OPUC]

4. One CC to SRI Pavan Kumar Pasupuleti, Advocate [OPUC]

5. One CC to Sri Public Prosecutor (AP) [OUT]

6. Two CD Copies

SRM

Cnr

HIGH COURT

DATED: 21 /04/2023

ORDER

CRLRC.No.1571 of 2006

DISPOSING OF THE CRL.R.C.

U 2 SEP 2123 L~ r~ GciJj, u rrent [ecuOf ]

SRM

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