Telangana High Court
V.Kumaraswamy, vs The State Another, on 16 February, 2022
Author: G. Sri Devi
Bench: G. Sri Devi
HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021
In/and
CRIMINAL REVISION CASE No.703 of 2006
JUDGMENT:
1) The revision petitioner, who is the accused in C.C.No.27 of 2003 on the file of the Special Judicial Magistrate of First Class for P.C.R. Cases, Warangal, filed this Criminal Revision Case under Sections 397 and 401 Cr.P.C. challenging the conviction and sentence passed in the above C.C., for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which was confirmed by the learned II Additional Sessions Judge, Warangal, by its judgment, dated 12.04.2006 in Crl.A.No.107 of 2004.
2) During pendency of the Criminal Revision, I.A.Nos.1 and 2 of 2021 came to be filed seeking permission to compound the offence and to record the compromise. Along with the petitions, a joint memo which is signed by the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar Cards came to be filed. It is stated in the affidavit that at the intervention of elders and well wishers, the parties have compromised the matter and the 2nd respondent herein 2 had received the full and final settlement of the claim under the disputed cheque.
3) Today, the Counsel for both the parties present and since both the revision petitioner and 2nd respondent are suffering with paralysis, they have present through video conference and they have identified by their respective Counsel. This Court, when examined, the 2nd respondent/complainant, submitted that out of his own volition and without there being any pressure, he has entered into compromise and he has no objection in case the revision petitioner has been acquitted for the charge under Section 138 of the Negotiable Instruments Act, 1881.
4) In Damodar S.Prabhu v. Sayed Babalal (H)1 the Apex Court has categorically held that "while exercising power under Section 147 of the Negotiable Instruments Act, 1881, the Court can proceed with the compromise even after recording the conviction."
5) In view of the aforesaid principles of law, and in the light of the compromise arrived at between the parties, the 1 (2010) 5 SCC 663 3 compromise memo filed by both the parties is recorded and I.A.Nos.1 and 2 of 2021 are ordered.
6) Accordingly, the Criminal Revision Case is allowed in terms of compromise, setting aside the judgments, dated 29.06.2004 and 12.04.2006 passed in C.C.No.27 of 2003 on the file of the Special Judicial Magistrate of First Class for P.C.R. Cases, Warangal, and in Crl.A.No.107 of 2004 on the file of the II Additional Sessions Judge, Warangal, respectively and the revision petitioner/accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
7) Miscellaneous petitions, if any, pending, shall stand closed.
________________ JUSTICE G. SRI DEVI 16.02.2022 gkv 4 HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.1 and 2 of 2021 In/and CRIMINAL REVISION CASE No.703 of 2006 Dated: 16.02.2022 gkv