T. Narasaiah v. The State of A.P

The State of A.P., rep. by its Public Prosecutor, High Court premises, Hyderabad and another. .. Petitioner/Accused .. Respondents THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.M.P. No. 2863 of 2009 Criminal Revision Case No. 1735 of 2007 Judgment: This Criminal Revision Case is filed by the petitioner/accused assailing the judgment dated 13.12.2007 in Criminal Appeal No.6 of 2006 passed by the I Additional Sessions Judge, Chittoor, confirming the conviction and sentence imposed on him by the learned Judicial Magistrate of First Class (Special Mobile Court), Chittoor, vide judgment dated 26.12.2005 in S.T.C. No.70 of 2005 for the offence punishable under Section 138 of the Negotiable Instruments Act. Now Crl.R.C.M.P. No.2863 of 2009 is filed by both the parties seeking permission to compound the offence. T h e de complainant Smt. Sakunthala and the revision petitioner/accused are present. The de facto complainant stated that she has compromised the matter voluntarily and that she may be permitted to compound the offence and the petitioner/accused may be acquitted of the offence under Section 138 of the Negotiable Instruments Act by setting aside the conviction and sentence imposed on him. In the circumstances, the de facto complainant is permitted to compound the offence, and accordingly, Crl.R.C.M.P. No. 2863 of 2009 is allowed. Consequently, the Criminal Revision Case is also allowed acquitting the petitioner/accused, under Section 320(8) Cr.P.C., setting aside the conviction and sentence imposed on him by the Courts below for the offence punishable under Section 138 of the Negotiable Instruments Act. The bail bonds of the petitioner/accused shall stand cancelled. The fine amount, if any paid, shall be returned to the petitioner/accused. Date: 30.11.2009 Nsr ______________________ B. CHANDRA KUMAR, J.