Vinukonda Anjaneyulu v. Kandukuri Ramalingeswara Sarma
2021-10-27
LALITHA KANNEGANTI
body2021
DigiLaw.ai
ORDER : I.A.Nos.3 and 4 of 2021 These miscellaneous petitions are filed seeking permission of this Court to permit the complainant to come on record to compound the case and record compromise in C.C.No.42 of 2018 by allowing the present revision filed against judgment dated 04.11.2020 passed in Crl.A.No.42 of 2018 by learned XII Additional Sessions Judge, Guntur, confirming the sentence imposed by learned Judicial Magistrate of First Class, Guntur in judgment dated 29.07.2019 in C.C.No.42 of 2018. 2. Parties shall be referred to as they are arrayed in C.C.No.42 of 2018. 3. The brief facts of the case are that on 03.03.2014, the accused borrowed an amount of Rs.1,60,000/-from the complainant for his family expenses by executing a promissory note agreeing to repay the said amount with interest at 24% per annum with yearly rests and on demand of the complainant to repay the said amount, accused issued cheque bearing No.180621 dated 10.11.2016 for Rs.1,60,000/-which was returned on its presentation, with an endorsement “funds insufficient”. Thereafter complainant got issued legal notice to the accused asking him to repay the said amount, but he did not choose to repay the same even after receipt of notice, as such complainant filed C.C.No.42 of 2018 on the file of learned I Additional Junior Civil Judge -cum-Judicial Magistrate of First Class, Guntur and the accused was found guilty of the offence under Section 138 of the N.I. Act and was convicted for the said offence. Aggrieved by the same, accused preferred appeal vide Crl.A.No.320 of 2019 on the file of learned XII Additional Sessions Judge, Guntur, and the same was dismissed by confirming the conviction and sentence imposed by the trial Court. Assailing the said judgment, the accused filed the present revision to set aside the conviction and sentence. 4. Heard Sri A.Venkata Durga Rao, learned counsel for the revision petitioner/accused, Ms.P.V.K.Y. Chandrika, learned counsel for respondent No.1 and Sri K.Anand Kumar, learned Additional Public Prosecutor for respondent No.2-state. 5. A joint memo is filed by both the parties stating that they have entered into compromise and the complainant received Rs.1,70,000/-from the accused as full and final settlement and receipts are filed along with joint memo. 6. The parties are present in person and their identity is verified with Aadhar cards.
5. A joint memo is filed by both the parties stating that they have entered into compromise and the complainant received Rs.1,70,000/-from the accused as full and final settlement and receipts are filed along with joint memo. 6. The parties are present in person and their identity is verified with Aadhar cards. It is submitted that in view of the compromise entered between them, continuation of criminal proceedings is not necessary and the offence can be compounded by allowing the revision. 7. Therefore, taking into consideration the facts of the case and the joint memo filed by the parties wherein it is stated that the parties have entered into compromise and the complainant has received Rs.1,70,000/-, towards full and final settlement, permission is granted to compound the offence and compromise is recorded. 8. Accordingly, these petitions are ordered. Criminal Revision Case No.668 of 2021 9. In view of the order passed in I.A.Nos.3 and 4, this Criminal Revision Case is allowed by setting aside the judgment dated 04.11.2020 passed in Crl.A.No.42 of 2018 by learned XII Additional Sessions Judge, Guntur, confirming the sentence imposed by learned Judicial Magistrate of First Class, Guntur in judgment dated 29.07.2019 in C.C.No.42 of 2018 and the accused is acquitted of the offence under Section 138 of Negotiable Instruments Act, 1881. As a sequel, pending miscellaneous petitions, if any, shall stand closed.