✦ High Court of India · 23 Jun 2025

The High Court · 2025

Case Details High Court of India · 23 Jun 2025
Court
High Court of India
Decided
23 Jun 2025
Length
1,449 words

2. The State of Telangana. Rep by Public Prosecutor, High Court for the State ...RESPONDENT/RESPONDENT/COMPLAINANT of Telangana, Hyderabad ...RESPONDENTS lA NO: 1 OF 2024 Petition under Section 320 R/w 482 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromise and set aside the judgment and conviction imposed by the learned Judicial First Class Magistrate, ISpecial lVobilel, Karimnagar in C C.No 465 of 2016 dt 1B/1 1/2016 as confirmed by the iearned Vl Addl District Judge IFTC]. Karimnagar in Crl.A.No.159 of 2016 dt 0310712019 and acquit the Accused Counsel for the Petitioner: M/s. K.S. Murthy Counsel for the Respondent No.1: Sri M. Rajashekhar Reddy Counsel for the Respondent No.2: Public Prosecutor The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.No.1 of 2O24 in/a nd CRIMINAL REVISION CASE No.729 of .ttt 19 ORDER: Challencinq the judgment dated 03.07 2019 passed in Criminal Apperal No.159 of 2016 by the le:rrned principal Sessions Judge, Karimnagar/FAC/lV Additional Sessions Judge (Fast Track Court), Karimnagar, this Criminal Rcv sion Case is filed. By the impugned judgment, the judgment da ed 1?,.11.2016 passed in C C lrlo.465 ot2013 (old C.C No.414 of '.,C13 on the fite of I Addl. J.l\4 F.C, Karimnagar) by the learned Judictal Magistrate of First Class (Special Mobile) Karimnagar, \{as confirmed, wherein, the petitioner-appellant-accused was corrr icted for the offence underr Section 138 of Negotiable Instrume rts Act and he was sentenced to undergo simple imprisonment for a period of six months and was also directed to pay a sum of Fis.4,00,000/- towards compensation to the complainant in Crl il C.No.729 of

2. It is submitted by the learned counsel app,:arinc; for the petitioner as well as respondent No.1 that, during th: pendency of the present Criminal Revision Case, the tarties have compromised the matter. Accordingly, l.A.No.1 of D,,14 has been 2 -FTF filed to record the compromise between them, to compound the offence and to set aside the order of conviction.

3. Vide order dated 01 .05 2025, this Court directed the parties along with their respective counset to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated 13.06.2025 and the same is placed on record.

5. ln view of the same and considering the report, dated

13.06.2025, l.A.No.1 of 2024 filed to compound the offence and compromise the matter are allowed. Consequenfly, this Criminal Revision Case is allowed and the conviction and sentence of imprisonment imposed against the petitioner-appellant-accused in the judgment dated 03.07.2019 passed in Criminal Appeal No.159 of 2016 by the learned principal Sessions Judge, Karimnagar/FAC/lV Additionai Sessions Judge (Fast Track Court), Karimnagar, confirming the judgment dated 18.11.2016 passed in C.C.No.465 of 2013 (old C C No.414 of 2013 on the file 3 of I Addl. J.M.F.C, Karimnagar) by the learned Jur ic:ial lvlagistrate of First Class lSpecial Mobile) Karimnagar, is hereby s,eI aside. The bail bonds of the petition er_appella nt_accusr d sltall stand cancelled. Miscellaneous applications, if any pendin(1, shall stand closed SD/- MOHD.ISMAIL t)EPUTY REGISTRAR G //TRUE COPY// SECTION OFFICER To, records, if anY) 1 The lV Addrtiorar sessions Judge (Fast Track cr,Lrrl) Karimnagar (with 2. The Judicial [/aEistrate of First Class' (Special Mobile) at Ka-'mnagar' i fr'.r" Srp",intenJent, District Jail' Karimnagar' 4 Two ccs to the prul" pr"or"lut.i, iigh s ol,. cCi" i,ll. ( s N/lurthy Advocate IOPUC] .- ; 5;; cc i" sri tr'l najast'tet<trar Reddv' Advocate [oPtJCl 7 Two CD CoPies "court for thr' itate cf relangana at HYderabad lOLlTl (Along with a Copy of Joint Memo of Compromise t Kam/P S L @i7t HIGH COURT DATED:2310612025 ORDER l.A.No.1 of 2024 ln/and CRLRC.No.729 of 2019 --ffi 1! t i'- 1B liv 2m () t, \\ \. -,). '\ -'/ '\.. r - \,., ALLOWING l.A.No.1 of 2024 AND CRIMINAL REVISION CASE /^. (\5ixtr MEI'lORANDUM oF INTERLOCUTORY APPLICATION UNDER SECTION 320 R/W 482 CT.P.C IN THE HIGH COUR'| FOR THE STATE OF TELANGANA AT :: HYDERABAD I,A.NO. oF 2023 IN cRL.R.C.NO. 729 0F 2olg Katkam Venu, S/o Gangadhar, Aged 48 years, Occ: Auto Driver, R/o H.No. 8-7-2971A/2, Near Chandana Bakery, Kothirampur, Karimnagar.

011. Bollam Swamy, S/o Late Rajaiah, Aged 42 years, Occ: Mechanic, R/o H.No. B-7-tt7lA, Koihirampur, Karimnagar. -VERSUS_ .PETITIONER/ . ,PETITIONER

021. fhe State of Telangana, Req by its public proselutor, High Court for the State ofTelangana, High Court, Hyderabad. RESPONDENTS. ]OTNT MEMO FILED BY THE PAR TIES 011' It is submitted that the I't respondent/comprainant herein filed C.C.NO. 465 of 2013 on the file of judicial First Class Magistrate fspecial Mobile], Karimnagar against the petitioner under sec. 138 of NI Act' The rearned Magistrate convicted the petitioner under sec. 138 of Ni Act on 1B-11-2016 and sentenced him to undergo simple imprisonment | , --- -z) r\\ J^.(3 L") Sr,*L_9_ a./ ,' for six months and further directed to pay an amoui'r- of Rs. 4,00,000/- towards conrJtensation unCer Sec. 357(3) to rh : 1't respondent' Aggrieved by the jucjgment anci ccnviction imposed by the learned Maqistrate dt. 1ti-11-2016, the Petitioner fiied Crl.A Nc. 159 of 2016 before the IV Adal. Sessions ludge [FTC], Karimnmag;ar and the same was also dismissed on 03-07-2019 confirmlng the convirtion and sentence imposed by the trial court. 021 Altgrieved by the judgment dt. 03-07-2019 il Crl A'No. 159 of 2016, the Petitiorrer filed the above criminal revision casr: and this Hon'ble Court was pleased to suspeno sentence and released the Petttioner on Subject to his executing personal bond for Rs.10,000i - with two sureties for a like sum each to the satisfaction of the learned l.t'.C.M. Karimnagar by its order di. 10-07-2019. The Petitioner executed a personal and he was released on bail. The above Criminal Revision case is pending disposal.

031. it is submitted that during the penden,:y of the above revision, at the intervention of the elders and well wishers of the pafties, advised the Petitioner and the fi respondent to settle the dispute between them to buy peace and to ntaintain cordial n:lationship and to avoid further Iitigation. It is submitted that the l't res tondent on his own volition and rvill and wish has agreed to compromisr: the matter and l'. -t \ I/- cr C) .: ,W: { '.,- -.-i-. agreed to receive the amount of Rs. 2,50,000/- towards to full and final settlement. In pursuance of the settlement, the Petitioner agreed to pay Rs. 2,50,000/- and the 1't respondent-complainant agreed tc receive the same. Accordingly, the Petitioner and 1't respondent executed a " "on Z7-OB-2022 towards full and final settlement of the 1't respondent and he has no claim whatsoever against the Petitioner' In view of the settlement between the Petitioner and the 1't respondent, the Petitioner praysthisHon'bleCourttorecordthecompromiseandallowabove Criminal revision case by acquitting the Petitioner' In view of the circumstances, it is prayed that this Hon'ble Court may be pleased to record the compromise and set aside the judgment and conviction imposed by the learned Judicial First class Magistrale, fSpecial i'lobilel, Karii-nnagar in C.C.t'lo. !,a5 af 2Ai6 dt' 18-11-2C15 as conflrmed bythelearnedViAddl.DisLrictJudge[FTC],Karimnagar'inCrl'A'No'159 of 2016 dt. 03-07-2019 and acquit the Petitioner and pass such other or further orders as this Hon'ble CoLrrt may deem fit and proper' \t,-.3 tt, IKATKAM VENU] PETITIONER/ACCUSED C N FOR THE PETITIONER gL IBOLLAM SWAMY] 1ST RESPON DENT/COM PLAINANT q *, g{.1 tr-,ty''fu)\ COUNSEL FOR THE 15' RESPONDENT

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