Pemmareddy Kadambari, W/o. Sadananda Reddy v. State of Andhra Pradesh, Rep. By Its Public Prosecutor
2025-06-30
K.SREENIVASA REDDY
body2025
DigiLaw.ai
ORDER : K Sreenivasa Reddy, J. This Criminal Revision Case has been filed against the Judgment, dated 16.11.2023, passed in Criminal Appeal No.260 of 2019 by the learned IV Additional District and Sessions Judge, Nellore, confirming the Judgment, dated 05.08.2019, passed in Calendar Case No.15 of 2017 by the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Nellore. 2. A complaint vide C.C.No.15 of 2017 was filed by the respondent No.2/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 05.08.2019, learned Principal Junior Civil Judge-cum-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 three (03) months and to pay compensation of cheques amount of Rs.19,52,000/- with interest at the rate of 6%per annum from the date of execution of cheques to till date of realization by granting three (03) months time to pay the compensation amount to the respondent No.2/complainant, 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 16.11.2023, confirmed the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner/accused preferred the present Criminal Revision Case. 4. On 30.06.2025, when the matter was taken up, petitioner herein/accused and respondent No.2/complainant are present before this Court and submitted that the matter was compromised amicably. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioner herein/accused and the learned counsel for 2 nd respondent herein/complainant identified both parties in the open Court. This Court questioned 2 nd respondent herein/complainant with regard to compromise and he categorically stated to that extent that he 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.
This Court questioned 2 nd respondent herein/complainant with regard to compromise and he categorically stated to that extent that he 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 16.11.2023 passed in Criminal Appeal No.260 of 2019 by learned IV Additional District Sessions Judge, Nellore, confirming the Judgment, dated 05.08.2019, passed in Calendar Case No.15 of 2017 by the learned Principal Junior Civil Judge-cum-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 2024 and Criminal Revision Case No.1152 of 2023 are allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed.