APHC010014212025 IN THE HIGH COURT OF ANDHRA PRADESH [3327]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY IA No.3 of 2025 in/and Criminal Revision Case No.63 of 2025 Between:

Boddu Bujji Babu ...PETITIONER AND Akuri Aswini Dutt and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR The Court made the following

Common Order:

This Criminal Revision Case, has been filed by the petitioner, aggrieved by the judgment dated 10.09.2024 passed in Criminal Appeal No.85 of 2022 on the file of the learned Sessions Judge, Krishna Division, Machilipatnam, whereby the conviction and sentence recorded as against the revision petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in the judgment dated 29.08.2022 in C.C.No.200551 of 2017 on the file of the learned Special Judicial Magistrate of First Class for Trial under Prohibition and Excise Offences, Machilipatnam, were confirmed.

2. It is represented that both the parties have settled the dispute amicably out of the Court at the intervention of their elders and well wishers. In view of the settlement arrived between both the parties, they filed I.A. No.3 of 2025 seeking to permit them to compound the offences and to record the compromise.

3. It is stated by the defacto complainant in the affidavit filed in support of I.A.No.3 of 2025 that as per the advice of the well wishers and family elders of both sides, they compromised the matter. They further stated in the affidavit that there is no coercion, force or misrepresentation from anybody in giving the said affidavit or in compounding the present case and out of their free will and wish, they were giving the affidavit.

4. Today, when the case is called, both the parties are present before this Court. They produced their Aadhar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for respondent No.1 identified both the parties in the open Court. This Court questioned the de facto complainant with regard to compromise and they have categorically stated to that extent that they have voluntarily entered into compromise with the petitioner herein.

5. The offence alleged is punishable under Section 138 of the Negotiable Instruments Act, 1881. In view of the compromise entered into between the parties, this Criminal Revision Case is allowed, setting aside the conviction and sentence recorded in the judgment dated 29.08.2022 in C.C.No.200551 of 2017 on the file of the learned Special Judicial Magistrate of First Class for Trial under Prohibition and Excise Offences, Machilipatnam, as confirmed in judgment dated 10.09.2024 passed in Criminal Appeal No.85 of 2022 on the file of the learned Sessions Judge, Krishna Division, Machilipatnam. The revision petitioner/accused is found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and accordingly acquitted of the same.

6. Accordingly, IA No.3 of 2025 and Criminal Revision Case No.63 of 2025 are allowed.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed.

____________________ K. SREENIVASA REDDY, J Dated: 30.01.2025 ASR HON’BLE SRI JUSTICE K. SREENIVASA REDDY IA No.3 of 2025 in/and Criminal Revision Case No.63 of 2025 Dated: 30.01.2025 ASR