The High Court · 2025

1 M. Srinivas Rao, S/o. M.Laxman Rao, Age:40 years, Occ: Private Service' Rlo. 11-a-r6o, '1't Floor' Road No.1, Srinivas Nagar Colony' Saroornagar' R.R.Diskict The State of Telangana, Rep by the Public Prosecutor High Court of Hyderabad' 2 ...Respondents/Respondents/complainant IA NO :1 OF 2022 PetitionunderSection4S2otCr.P.Cprayingthatinthecircumstances stated in the affidavit filed in support of the petition, the High court may be piJ"rla to exempt the amount to be deposited in CRLA.No.561 of 2014 waive in inl bor.t by the petitioner for recordingtthe compromise in extraordinary situation of the petitioner's poor condition and close the above case' .-Ei;===z lA NO: 2 OF 2022 Between: M. Srinivas Rao, S/o. M.Laxman Rao, Age:40 years, Occ_ private Service, R/o. 11-4-1OO, l"t Floor Road No. 1, Srinivas Nagar dolony, Saroornagar, R.R.District ...Petitioner/Respondent No.1/De-facto Corirplainant AND '1. T. Narayana Reddy, S/o. T.Janga Reddy, Age:50 years, Occ.Manger, Ganesh Theater , Shadnagar, Mahaboobnagar district R/0. C/o. Srinivas Goud, H.No.'18-325l1 , 1"t Floor, Hajipally Road, adjecnt to Tirumala Rice Mill, (Shekar Reddy llice Mill) Shadnagar, Mahboobnagar District. -5092 16 . . . Petitioner/Accused 2. The State of -felangana, Rep by the Public Prosecutor High Court of Hyderabad. ...Respondents/Respondent No.2 Petition under Section 320 R/w 482 of Cr.P.C. praying that in the circumstances stated n the affidavit filed in support of the petition, the High Court may be pleased to rr:cord the terms of the compromise and close /set-a-side judgments in CRL.A. 5;61 OF 2014. dated 3-2-2016 on the fite of THE HON,BLE V ADDL METROPOLII'AN SESSIONS JUDGE - CUM- V ADDL.DISTRICT & SESSIONS JUDGE RANGA REDDY DISTR|CT AT L B NAGAR as weil as C.C.No.179 OF 2013 Dated.'10-7-2014 ON THE F|LE OF THE HON,BLE lt SPECIAL MAGISTRA-IE, HASTH I NAPURAM, RANGA REDDY DISTRICT. Counsel for the Petitioner: Sri G.L. Narasimha Rao Counsel for the Respondent No.1: Sri Madhusudan Reddy Gavinolla Counsel for the Respondent No.2: Public Prosecutor The Court made the following: ORDER w ,ai HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.No.2 ot 2022 in/and CRIMINAL REVISION CASE No.411 of 2016 ORDER Challenging the judgment dated 03.02'2016 passed in Criminal Appeal No.561 of 2014 by the learned V Additional Itletropolitan Sessions Judge-cum-V Additional District & Sessions Judge, Rangareddy District, L.B. Nagar, this Criminal Revision Case is filed. By the impugned judgment, the judgment dated 10.07.2014 passed in C.C.No.179 of 2013 by the learned ll Special tVlagistrate, Hastinapuram, Rangareddy District, was confirmed, wherein, the petitioner-appellant-accused vvas convicted for the offence under Section 138 of Negotiable lnstruments Act and he was sentenced to undergo simple imprisonment for a period of one year and was also directed to pay a sum of Rs.5,00,000/- towards compensation to the complainant in Crl R.C.No.411 ot 2016.

2. lt is submitted by the learned counsel appearing for the petitioner as well as respondent No.1 that, during the pendency of the present Criminal Revision Case, the parties have compromised the matter. Accordingly, l.A.No.2 of 2022 has been I filed to rec;ord the compromise between them, to compound the offence an I to set aside the order of conviction.

3. Vide order dated 03 01 2023, this Court directed the partres along witl' 16u;r respective counsel to appear before the Secretary, High court Legar services committee, High court for the State of Terangana, Hyderabad, for identification and to submit a reltort.

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 19.01 .2023 and the same is placed on record.

5. ln view of the same and considering the report, dated 19.01 .2023,I.A.No.2 of 2022 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 02 2016 passed in Criminal Appeal No.561 of 2014 by the learned V Additional lVletropotitan Sessions Judge-cum-V Additional District & Sessions Judge, Rangareddy District, L.B. Nagar, confirming the judgment dated 10.07.2014 passed in C.C No.j79 of 2013 by the learned by the learned ,/ 3 ll Special Magistrate, Hastinapuram, Rangareddy District, is hereby set aside. The bail bonds of the petitioner-appellant- accused shall stand cancelled lVliscellaneous applications, if any pending, shall stand closed //TRUE COPY// S . CH. NAGABHUSHAMBA DEPUTY REGISTRAR SECTION OFFICER To,

1. The V Additional Metropolitan Sessions Judge-cum-V Additional District & Sessions Judge, Ranga ["aiy OiJ"t at L B t'l-agar (with reco'rds' if any) z. in"l isp""iaitrilagistrate, Hasihinapuram' Ranga Reddv District' 3. Two ccs to the pruri" Hvderabad. [OUT] 4. &';"#; iii-CL. Narasimha Rao' Advocate-[oPucl 5. One CC to Sri tuaonusuian ieddy Gavinolla' Advocate [OPUC] O. i*o CD CoPies cour[for the state of Telangana at -proJu"rioilHign (Along with a Copy of Joint Memo & Memorandum of Understanding) Kamigh HIGH COURT DATED:231OG12025 . r - - rij.,'.\r t": \.|, .,. \! 0B Drr 2u5 ;j ORDER l.A.No.2 ot 2022 ln/and CRLRC.No.411of 2016 '' ''"- l-'' --/ ALLOWING l.A.No.2 of 2022 AND CRIMINAL REVISION CASE IN THtr HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TtrI-ANGANA (MEMORANDUM OF CRTMTNAL PETTTTON FrLED U/S.482 OF CR_pC.) CRL.RC,No. 4ll OF 2016 AGAINST judgment in CRL.A. 561 OF 2014. dated 3-2-2016 on the fite of THE HON,BLE V ADDL .MEIROPOLITAN SESSIONS JUDGE - CUIY- V ADDL.DSITRICT & SESSIONS ]UDGE , RANGA REDDY DISTR]CT AT L.B.J\AGAR BtrTWtrtrN: T.Naryana Reddy, S/o. T.janga Reddy, age. 56 years, Occ.Manger, Ganesh Theater , Shadnagar, Mahaboobnagar dsit.R/o. C/o. Srinivas Goud, H.No. 18-325/1, I St Flor, Hajipally Road, adjecnL to llrumala Rice l.4ill, (Shekar Reddy Rice f4ill) Shadnagar, Mahboobnagar District. -509216 AND ...Pe titioner/Accused No. 1 PARTY OF THtr FIRST PART M.Srinivas Rao,S/o. M.Laxman Rao, age.46 years, Occ. Private Service, R/o. 11-4-100, 1't Floor,Road No.1, Srinivas Nagar Colony, Saroornagar, R.R.District Respondents/ De-facto complainant PARTY OF THE SECOND PART JOINT MEMO May it be pleased Your Lordships It is submitted that the matter is 138 NI Act between the parties for their monitory transactions issued the cheque Dat. 11-1 2013 for Rs. 4,OO,OOO/- and the same was dishonored, and the respondent filed a criminal case U/sec. 138 of NI Act .vide CCNO. 179 of 2013 on the frle of the Hon'b1e II SPL Magistrate l,.B.Nagar, Hasthinapuram, RR Dist. and the sarne was convicted on lO7-2O14 , Latter the accused preferred the Appeal vide CRLA.No. 567 of 2Ol4 and dismissed by the Hon'ble V Add1. MSJ RR Dist on 3-2-2016 aggrieved that the above revision ftled. / ,,NJ dlr, -+- \ t rtJ. d '!:i;A':r,,. Now fronr ltoth sides settled the issue ancl ami<;ab1y settled the matter or-rt of he court for the involved in the subject cheque amounts, as the petitiorLet- /Accused agreed to pay and the complaint agreed to compromisr: li)r one time settlcment Rs. 2,00,0O0/- to the 1st respondcnt. as pcr MOU. A )Both pa -ties have agreed to get compromisecl. For that the party of the Sccond pART also acceptecl ald received an anounts now toda-v paid Rs. 2, 0O,O0O/- to the complainant b-1. rl,ay o1 c:rsh and received thc sarne did not claim for the subject chr:que amounts for all heads clamages/ compensation/ loss/ future claims if any etc. B) The Frarrv of the FIRST pART herein agreed and paid entire amou nts to pav to Second all heacls as fr_rll ancl final settlement both ar-e reitdtl and agreccl to co_ollerate to close tne cases betrveen them. 'lhc 1)',,1 responclent agreed no further clatms in this regard itnd aglecd he same- fror the re:ls,- ns stated in the accompanying crim inal petition, it is therefore przgzr:d that this Hon,bre court may be pleased to record the terms of thi: ,:o6p1611i"" and quash/set a side thr: judgments in CRL,A. 561 OF 2014. dated 3-2_2016 on the file of THE HON,BLE V ADDL ,IYETROPOLITAN SJESSIONS JUDGE. CUTI- V ADDL,DSITR]CT & SESSIONS JUDGE, RANGA REDDY DIIiTRICT AT L.B.NAGAR as well as C.C.No. t7g OF 2013 Dated. 10-l-201.t ON THE FILE OF THE HON,BLE II SPECIAL MAGISTRATE, HASIHINAPURAN.I. RANGA REDDY DISTRICf and pass such other orcler or orders as tl-ris Hon,ble Court may deem fit and proper in the crrcumstances i,f rhe case { -a't1""3'-

1. ( T.Naryana Red(ty) {.s v 4rD1'.)

2.( M.Srinivas Rao) PARTY OF THE FIRST ART -kifu' COUNSEL PdN irr E PtrTITIONER CO PARTY OF Hyderabad DATE: 15 7t-2022 ART PONDENT NO.1 \! MEMORANDUM oF UNDERSTANDING This DEED OF MEMORANDU^4 OF UNDERSTANDING is made a11d executed on this 11th ,Nov, 2022 at Hyderabad by and between: T.NARYANA REDDY, S/o. T.Jhhga Reddy, age. 56 years, Occ.Manger, Ganesh Theater , Shadnagar, Ir4ahaboobnagar dsit.R/o. C/o. Srinivas Goud, H.No. t9-3z1lt, I St FIor, Hajipally Road, adjecnt to T rrumala Rice Mill, (Shekar Reddy Rice Mill)Shadnagar, Mahboobnagar District. -509216 ...pARTy oF THE FIRsr PART (Hereinafter called as pARTy oF TEE FrRsr pant hereinafter ca-11ed as Executer/, Which term shall mean and include all his 1ega1 heirs, cxecutors, represer-rtatives, tcstators, etc.,) IN FAVOUR OF M.SRINMS RAO ,S/0. M.Laxman Rao, age.46 years, Occ. Private Service, R/o. 11-4-100, 1't Floor,Road No.1, Srinivas Nagar Colony, Saroornallar, R.R.Diskict . . ... PARTY OF THE SECOND PART (Hereinafter called as pARTy oF THE SEcoND panr hereinafter called as Executee / , Which term shall mean ald include a1l her legal heirs, executors, representatives, administralors, assignees, testators, etc.,) UIIIEREAS Lhe both parties herein are friends and there is some monitory transactions took place lletween t1-em and the party of the Frit part issued cheque for R. 3,00,0O0/ Dated. lS-1 2013 and was dishonored. WHEREAS the 2^d part fiIed a criminal case U/sec. 13g NI Act.vide as C.C.No. 179 OF 2OL3 ON THE FILE OFTHE HON,BLE rr SPECTAL MAGISTRATE, HASTHINAPURAM, RANGA REDDY DISTRICT and the same was convicted on Dated. 10-7-2014 Latter the First part preferred the Appeal vide CRL.A. 561 OF 2014. on the fite of THE HON,BLE V ADDL .METROPOLITAN SESSIONS ]UDGE - CUM. V ADDL.DSITRICT & SESSIONS JUDGE , RANGA REDDY DISTRICTAT L.B.NAGAR and dimised on 3-2-2016 aggrieved that the rewision hled by the lst part before the Hon'ble High Court Vide CRL Rc. No.411 of 2016 / }) J J *{ 4 )lur.a i ::E-io]-Eri-- b' # Now frorn both sides settled the issuc and amicably settled the matter out c,f :he court for RS. 2,00,000/ total for the involved in the subject chectrr: amounts, as the 1"t part /Accused :rgreed and paicl to the 2nd part as per the MOU. NOW'rHIS DEED OF M.O.U WITNESSE TH AS FOLLOWS: A) Elofh partics have agreed to get compromised. For that the p:rr 1 of the Second pA RT also accepted and received an arn()Lllts Rs. 2,0O,OOO/_ to the 2nd part by way of cash b1, the 1st part and received the same did not claim for the subjcct cherlue amounts for all heacls clamages/ compensation/ lc ss,/ lirture claims if any etc. B) 'thc p.rrty of the FIRST pART herein agrecd ancr paid entire alnoultts to pay to Second atl heacls as full ar-rd final s€.ttl:tntent both are ready ancl agrcecl to co_operaLc to closc the rases between them. The 2nd part aqreed no further claitris in this regard and agreed the same C) F-or the terms stated in the MOU, the cases bctween them for the sulrjcct cheque amounts to be closed eLnd co operate for thL- sanlc by the both parties uls a uersa u.ithout an1. disputes and ltur.dles in this regarcl. D) 'lhc J,i1l ty ot the second pART assures that he will not having an-y .laims, rights, against the party of the SEcoND pART for thr. srrl;ject chcque amounts in any past or future . We the abovc mentioned parties have signed this deed of IvlOtJ ,"vith our own free will ald consent afie. fully understancl ng the contents of this deed without coercion on 15rh Nov 2022 ".ry ,f,."rt" o. WITNESS ES t. ,(n L.1r/',lltD 2' -i \ N -7-')r olig_. (T.NARYANA REDDY, I Party of the First parl: {> U 'q{f/7.=\) r (rvl.SRINIVAS RAO.I Parry of the Secon,l pari .