✦ High Court of India · 02 May 2025

The High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Length
1,457 words

Acts & Sections

B. Ranqaiah, S/o late B Achaiah, Hindu, occupation: Retired Emp-l9ye..e. Rl/o Flat "N"::'oi:'iEl:11i1,-d""trnirri n6sloeniv' H. No. B-3-224l8A'/4, Madhuranas-ar' v;;;id,j,i; ilvo'"rJuuol ,'"p;.;;;ia bi'lris Glf Holder sri B Balakrishna, s/o e Rr"g";ih, Hinou, ng€;o r-u"rt so vtii occ: Private..service Fyo Flat No 301' 6;;i;,ij;ii'nesioenc!, ir.rrro.a-s2i4leAl+, Madhuranasar' Yousufsuda' Hyderabad. Cause Title is dmended vide court order dated 11-04-2025 in ]'A'No' 1 ot 2025. ...Petitioner/AppellanUAccused AND 1 The State of Telangana, Represented by its Public Prosecutor' High Court of ir'ii"lir'i" lt tivo"iiuJo torih" stiie of rerangana and the state of Andhra Pradeslu - Mr. P. Srinivas, S/o P Raghunatha Naidu, Hindu-,.Occ: Businesq Rl/o Flat No' 6:i, r,rrliiliirihmi-u",sht'., Ftai r.ro. es, (atyan Nasar, Phase -lll, Mothinasar, Hyderabad - 500 018 2 ...Respondents lA.No.2 oI 2025 BETWEEN: Mr P- Srinivas, S/o P Raghunall-rg N !du, Hindu, Occ: Business, R/o Flat No. G-1, Maharakshmi Heighi3, Frat No. eg, rarvinJ.lagar, pnase--ir'r i;r"ti-,i"igl;j, Hyderabad - 500 01€r. ...Petitioner/Respondent No.2 in lA.Nos .2 &3 ot 20ZS AND 1. B_ Rangaiah, Sl/,: late. B. Achaiah, Hindu, Occupation: Retired E mployee. R/o Ilil..Y:, lor,..(E-i11),. Geetbnjati neiio.incy, H. No e_5-zziaNq, Ma_dnuranagar '/ruslfguda, Hyderabad) represenied Oy fris O;n noliei Sri B Barakrishna, S/o B. Rangaiih, Hindti, A-geo aoout 5o vo, o.f,"Fiuutu Service Rt/o F at No. 3di, ce;ta;l;ti "R;sid;;;;," n.r..r,ij al#zltrin,+, Madhuranagar, yousufguda, Hyderabadl ...RespondenUpetitioner in lA.Nos 2 &3 of 2025 2 The State of reranoana,. Represented by its pubric prosecutor, FIigh court of Judicature at Hvdeiabad toi tne Stiie #rlianiana and the state of Andhra Pradesh. ..RespondenURespondent No.1 in lA.Nos 2 &3 of 2O2S ^the Act, zo)s (New) and Se:tion Petition under Section ^359 !?)^qf BNSS (New) Under Section 320 (6) -iez 9rC1 ! c, (old) RA/V Sec, 528 or cr'P.c (old) praying that in the circumstances stated in the affirravit titeJ in 'NSS suppo( of the petition, High Court may be pleased to p"iriiinu petitioner/Respondent No. 2 to compound the offence against the respondent No. 'l herein and petitioner in criminar R.c. and accused in-c_c. and ,",'".iJ" orou,. dated I110312013 passed in c.c.No.317 of 2012 by 1he speciar lrretroloiiian Magistrate court No. rrr Kukatpaily, Hyderabad as confirmed in crr. 1,,. r.ro. lgs ot 2O13 by the lV Additional Distritt Judge_cum_Sessions Judge, A,,ng, RLdOV District,atL.B Nagal,Hyderabadbydisiissingtheappear on05/05r,20.rBforthe offence.under Section 138 of N.r. Aci and directio refund the u,norni,Lpo.it-"0'ov respondent No. t herein in pursuance of interim order dated : zzlool:roia passeo by this Hon'bre court in r.A. No. 1 of 2018 in ca. R.c. No. 1550 ot zoie ;tne interests of justice. lA.No.3 of 2025 Petition under Section 3?9_.(2ol BNSS (New) Under Sect on 32O (2) ofcr'PC. (ord) Rn, sec 52B or aNss Act,2023'(New) and sectioir+ei-J cr. Pjc (old) praying that in the circumstances stated ln the affidavit iir".r i. .rppfrt of the petition, the High c)ourt may be preased io iecoro the comprom.u in tLIr" of settement Agreernent reached between this petitioner and :thers and respondent No. t herein who is petitioner in criminai R.c. and ,..ur"o in clc. and set aside order dated : 11rce12913 pr.."i in c.c. No. 317 "i?b7 [,iin" speciar Metroporitan Magyistrate court No. ilr, K;k;tp;[y, uyoeiauai ",i*-rni.* in crl. A. No. 195 of 2013 by the lV Additional District Judge-cum-sessions Judge, Ranga Reddy District, at L.B. Nagar, Hyderabad by dismissing the appeat on osl05l2o18 for the offence under. section 138 of N.l. Act and direct to refund the amount deposited by respondent No. 'l herein in pursuance of interim order dated : 2210612018 passed by this Hon'ble Court in I.A. No.1 of 2O1B in Crl. R.C. No. 1 550 of 2018 in the interests of justice. Counsel for the Petitioner : SRI T P ACHARYA Counsel forthe Respondent No.1 : ASSTSTANT pUBLtC PROSECUTOR Counsel for the Respondent No.2: SRI S V S CHOWDARY The Court made the following: COMMON ORDER a HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.Nos.2 and 3 of 2025 in/and CRIMINAL REVISI ON CASE No.1550 ot 2018 COMMON ORDER: Challenging the judgment dated 05.05.2018 passed in Criminal Appeal No.195 of 2013 by the learned lV Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar, this Criminal Revision Case is filed. By the inrpugned order, the judgment dated 11.03.20.13 passed in C C.Nri 31 7 of 2012 by the learned lll Special Metropolitan Maqlstrate, Kukatpally at lt/liyapur, was confirmed, wherein, the petitioner- appellant-acc;used was convicted for the offence under Section 138 of N.l. A,rt and he was sentenced to undergo simple imprisonmenl for six months and also to pay Rs.5.00,000/_ towards comDensation within one month, in default to undergo simple imprisr:nment for six months.

2. lt is submitted by learned counsel appearing ior the petitioner as well as the respondent No.2, that during pendi>ncy of the present (]riminal Revision Case, the parties have compromiSed th,: matter and accordingly, l.A.Nos.2 and 3 <.,f 2025 have been filed to record the compromise between them and to compound the offences. X 2

3. Vide order dated 23.04.2025, this Court directed the parties along with their respective counsel 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 29.04.2025 and the same is placed on record.

5. ln view of the above, l.A.Nos.2 and 3 of 2025 arc allowed. Consequently, this Criminal Revision Case is allowed and the conviction and sentence of imprisonment imposed against the petitioner-appellant-accused in the judgment dated 05.05.2018 passed in Criminal Appeal No.195 ot 2013 by the learned lV Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar, confirming the judgment daled 11.03.2013 passed in C.C.No.317'of 2012 by the learned lll Special ltletropolitan Magistrate, Kukatpally at Miyapur, is hereby set aside. The bail bonds of the petitioner-appellant-accused, if any, shall stand cancelled. 3 Miscellaneous applications, if any pending, shall stand //TRUE COPYII SD/. K SHYLESHI JOINT REGISTRAR \\ -,] SECT]ON OFFICER closed To,

1. The lV Additional District Judge-cum-Sessions Judge, Ranga Reddy District, at L.Ei. Nagar, Hyderabad(with records)

2. The Special lv{etropolitan Magistrate Court No. lll, Kukatpally, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUl')

4. One CC to SRI T P ACHARYA, Advocate [OPUC] 5. One CC to SRI S; V S CHOWDARY Advocate [OPUC] 6. Two CD Copit.'s ADK Along with a copy of Joint Memo of Compromise HIGH COURT DATED:0210512025 COMMON ORDER l.A.Nos.2 and 3 of 2025 ln/and CRLRC.No.1550 of 2018 o(1. Ii rr- S14 I 0? tlAy ZW (1 ( (_1 a) \'.-i- ALLOWING THE CRLRC AND lA.NOs.2 & 3 OF 2O2S A t['' T t ./' t^ BETWEEN HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl. R.C. No. 1550 oI 2018 B. Rangaiah, S/o Late B. Achaiah, Hindu, Aged about 79 years, Occ. Retired Employee, R/o Flat No 301, (E- 1 1 1 ), Geetanjali Residency, H. No. 8-3-224 I 8N 4, Madhuranagar, Yousufguda, Hyderabad). 2h.f;;^",-M* ,AND , 1). The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. 2). P. Srinivas, S/o P. Raghunatha Naidu, Hindu, Aged 56 years, Occ : Business, R/o Flat No. G-1, t\Iahalakshmi Heights, Flat No. 89, Kalyan Nagar. Phase - lll, Motinagar, Hyderabad - 500 018- . Respondents JOINT COMPROMISE MEMORANDUM The Appellant and the Respondent No,2 respectfully submit that they have arrived at a compromise as recorded in the Settlement Agreement dated 23-04-2024, enclosed herewith. The Parties hereto accordingly request that the Hon'ble Court may be pleased to record the compromise in terms of the said Settlement Agreement and pass such other order or orders as are deemed fit and proper in the circumstances of the counsel for ftpdldl (#t;^i^ Counsel r the ondent f) c\?* -JJ* ck ,+@ts (Respondent No.2) f+ cra . I I I I j I I i i i I I I I I I '

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