Andhra Pradesh High Court - Amravati
N.Yasovardhan vs P.Nanda Kishore on 30 October, 2019
THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI
IA.nos.2 & 3 in/and
Crl.R.C.No.1151 of 2019
COMMON ORDER:
This Criminal Revision Case is filed, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, ('the CrPC', for short) assailing the judgment of conviction, dated 10.10.2019 in Crl.A.No.9 of 2019, whereby the learned Sessions Judge, SPSR Nellore while dismissing the said appeal had confirmed the judgment of conviction, dated 09.01.2019 in C.C.No.703 of 2016 on the file of the Court of the learned Judicial Magistrate of First Class, Special Mobile Court, Nellore.
In the pending criminal revision case, the 1st respondent-complainant and the petitioner - accused filed IAs 2 & 3 of 2019 requesting to permit them to enter into compromise and accordingly acquit the petitioner-accused, in view of the terms of compromise, which are reduced into writing in the memorandum of compromise annexed to IA 3 of 2019.
When the matter was taken up for hearing, the petitioner-accused and the 1st respondent-complainant are present. They are identified by the learned counsel for the petitioner - accused. They also produced Aadhar cards in proof of their identity. Copies of the same are placed on record.
Learned counsel for the petitioner - accused stated that the petitioner - accused and the 1st respondent - complainant amicably settled the matter and that IA 3 of 2019 is filed requesting to record the compromise and acquit the petitioner - accused of the offence punishable under Section 138 of NI Act.
Both the parties stated that they have amicably settled the matter and further asserted the terms of the compromise. Thus, they sought permission to compound the offence and allow the criminal revision case and set aside the 2 judgment of the appellate Court whereby the judgment of the trial Court is confirmed and acquit the accused.
The 1st respondent-complainant further stated that the petitioner agreed to pay Rs.3,40,000/- towards full and final settlement and that Rs.1,00,000/- was already paid, in cash, on 26.10.2019, by the petitioner to the 1st respondent and that a demand draft for Rs.2,00,000/- drawn on Corporation Bank in the name of the 1st respondent was also delivered to the 1st respondent and that it was also agreed that the 1st respondent is also entitled to withdraw Rs.40,000/-, which is lying in deposit to the credit of CC.no.703 of 2016 on the file of Judicial Magistrate of First Class, Special Mobile Court, Nellore, along with interest, and that in view of the said settlement, the Criminal Revision Case may be disposed of in terms of the compromise and the petitioner - accused may be acquitted.
This Court is satisfied that the parties entered into compromise with free will and consent and without any force from any quarter.
In the circumstances, IA Nos 2 & 3 of 2019 are allowed and the petitioner-accused and the 1st respondent-complainant are permitted to compound the offence. Consequently, Criminal Revision Case is allowed and the judgment, dated 10.10.2019 in Crl.A.No.9 of 2019, passed by the learned Sessions Judge, SPSR Nellore and the judgment of conviction, dated 09.01.2019 in C.C.No.703 of 2016 on the file of the Court of the learned Judicial Magistrate of First Class, Nellore, are set aside and the petitioner-accused is acquitted of the offence for which he was found guilty. His bail bonds shall stand cancelled. The Memorandum of compromise shall form part of the order. 3
Miscellaneous petitions pending, if any, shall stand closed.
____________________________ JUSTICE M. SEETHARAMA MURTI 30.10.2019 Vjl 4 THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI IA.nos.2 & 3 in/and Crl.R.C.No.1151 of 2019 30.10.2019 Vjl