JUDGMENT:

Assailing the judgment dated 24.08.2011 in Crl.A.No.226 of 2009 on the file of the Court of learned VIII Additional Sessions Judge at Visakhapatnam, confirming the conviction and sentence passed against the petitioners/accused Nos.1 and 2 by the judgment dated 18.11.2009 in C.C.No.675 of 2005 on the file of the Court of learned III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka, for the offences under section 408 of Indian Penal Code (hereinafter referred to as “ IPC ”), the petitioners/accused Nos.1 and 2 filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code , 1973.

2. The revision case was admitted on 26.08.2011 and the sentence of imprisonment imposed against the petitioners was suspended, vide orders in Crl.R.C.M.P.No.2593 of 2011.

3. During the pendency of this revision, 1st petitioner died on 16.11.2015, the same was recorded and present revision against the petitioner No.1 was dismissed vide proceedings dated 12.11.2024. Thereby, now the present revision case sustained against the petitioner No.2/accused No.2 only.

4. The shorn of prosecution case is that:

i). The petitioner No.2/accused No.2 along with ac