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V SRINIVAS
Konda Srinivasu – Appellant
Versus
State of A P Rep By PP – Respondent
ORDER :
V Srinivas, J.
Assailing the judgment dated 13.10.2009 in Crl.A.No.389 of 2009 on the file of the Court of learned III Additional Sessions Judge at Guntur, confirming the conviction imposed against petitioner/accused by the judgment dated 28.11.2008 in C.C.No.300 of 2007 on the file of the Court of learned Additional Judicial Magistrate of First Class at Bapatla, for the offence under section 138 of Negotiable Instruments Act (hereinafter referred to as “N.I.Act”), but modified and reduced the sentence of imprisonment from one year to three (3) months simple imprisonment, the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973 (hereinafter referred to as “Cr.P.C.”).
2. The revision case was admitted on 30.10.2009 and the sentence of imprisonment imposed against the petitioner/accused was suspended, vide orders in Crl.R.C.M.P.No.2542 of 2009.
3. Pending criminal revision case, a joint memo filed by the revision petitioner along with 2nd respondent/complainant stating that they settled the matter amicably out of the Court, as such, the 2nd respondent intends to withdraw the complaint against the petitioner.
4.
The court established that inherent powers can be exercised to quash proceedings in settled disputes, emphasizing discretion and the need to prevent injustice.
The court established that compromises in non-heinous offenses can lead to quashing of convictions under inherent powers, emphasizing justice and the nature of the offense.
The court established that compromises in cases of a personal nature can lead to quashing of convictions under IPC 498(A) if it serves the ends of justice.
The court established that inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings in cases of private disputes that have been amicably settled.
The court can exercise its inherent power under Section 482 of Cr.P.C. to quash criminal proceedings for non-compoundable offences having overwhelmingly civil character, particularly those arising ou....
The main legal point established is that revision lies against the order of conviction affirmed in appeal, and settlement of dispute by way of compromise does not warrant the exercise of inherent jur....
Point of Law : Section 362 of Cr. P.C. are reproduced as court not to alter judgment.
Section 362 of Code bars Criminal Courts from altering or reviewing its judgment or final order except to correct clerical or arithmetical error.
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