APHC010393362023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY IA NO.1 OF 2025 IN/AND CRIMINAL REVISION CASE NO: 681/2023 Between:

Ravuru Nagaraju ...PETITIONER A N D D Lakshmi Rathnamma and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. M.VINOD KUMAR Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR (AP)

2. Y MAHA LAKSHMI The Court made the following:

C O M M O N O R D E R

This Criminal Revision Case has been filed against the Judgment, dated 19.07.2023, passed in Criminal Appeal No.228 of 2019 by the learned IV Additional District and Sessions Judge, Nellore, confirming the Judgment, dated 02.07.2019, passed in Calendar Case No.136 of 2014 by the learned II Additional Judicial Magistrate of First Class, Nellore.

2. A complaint vide C.C.No.136 of 2014 was filed by the respondent No.1/complainant against the petitioner herein/ accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity ‘the NI Act’). After full-fledged trial, vide Judgment, dated 02.07.2019, learned II Additional Judicial Magistrate of First Class, Nellore, convicted the petitioner/accused of the offence punishable under Section 138 of NI Act, in terms of Section 255 (2) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) and sentenced to undergo simple imprisonment for a period of six (06) months and to pay a sum of Rs.5,00,000/- (Rupees five lakhs only) to the complainant towards compensation under Section 357 (3) CrPC, in default, shall suffer simple imprisonment for a period of three (03) months for the offence punishable under Section 138 of the NI Act.

3. Aggrieved by the said Judgment, petitioner/accused preferred the appeal before the IV Additional District and Sessions Judge, Nellore. On reappreciation of entire evidence brought on record, the Appellate Judge, vide Judgment, dated 19.07.2023, confirmed the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner/accused preferred the present Criminal Revision Case.

4. On 05.02.2025, when the matter was taken up, petitioner herein/accused and respondent No.1/complainant are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioner herein/accused and the learned counsel for 1^st respondent herein/ complainant identified both parties in the open Court. This Court questioned 1^st respondent herein/complainant with regard to compromise and she categorically stated to that extent that she voluntarily entered into compromise with the petitioner herein/accused and there is no threat, coercion or undue influence in arriving at the compromise. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise.

5. In view of the fact that the parties have entered into a compromise and compounded the offence, there is no hindrance to record the same. Accordingly, Judgment, dated 19.07.2023 passed in Criminal Appeal No.228 of 2019 by learned IV Additional District and Sessions Judge, Nellore confirming the Judgment, dated 02.07.2019, passed in Calendar Case No.136 of 2014 by the learned II Additional Judicial Magistrate of First Class, Nellore, is set-aside. Consequently, the petitioner/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

6. Accordingly, I.A.No.1 of 2025 and Criminal Revision Case No.681 of 2023 are allowed.

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

______ _________________

JUSTICE K. SREENIVASA REDDY

5^th February, 2025.

DNB