The High Court · 2025

0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds or ciifiinii petition, the High court may be pleased to quash the order dateu os-oo-)otl passeo by the Metroporitan sessions Judge, Hyderabad in crr.M.p.*" is#"izo12 in crr.A.No .821 0f 2012 and consequenry alow the petitioner to ,rrt -ft,u loditionar documents on his justice wrrir"'u,"",.i,ins ,t. ,n.i".il,r.iji"t.. ffiHIJ:Jm,?fj..Tjlg S:uity t.A. NO :2 oF 2023 petition under Section of Cr.p.C praying that in the circumstances stated in the Memorandum of.cround. Criirrrri,peltrgt,lhe High Court may be pteased to srant stav of a, lr;h;;;;.;;l,nnl ,, cr,.o.,, o. B2i of 2012 on "t ";s "'" fi o s"" J[""?'Jn iiTii""J :T' ?:::;; i" i *' " n ai n g ;' pi' o' o' p ; I -482 "? " " .:.:1'-? I LA. NO: 4OF 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compromise as to ccmpound the offences in C.C.No.9 of 2008 on the file of XVI Additional Judge cunr XX Additional Chief lvletropolitan Magistrate, Hyderabad. l.A. NO: 5 OF 202s Between: D. Satvanaravana, S/o. Krishnaiah, Age. 64 Years, Occ' Agriculturist, R/o H.No. i-1-460/C. New Bakaram, Gandhinagar, Hyderab;td ...Petitioner/R2 AND

1. P Prakash Rao, S/o Employee, R/o. H No 500080 Sunder Ramaiah, Aged 71 yea s Oc: Retd Govt 1-4-BTgl11lA, SBI Colony, Ganc hinagar HyoeraDao- ...Res;pondenUPetitioner 2 The State of Telangana' Rep' by its Public Prosecutor' H gh Court of Telangana, HYderabad . . Respondents petition under Section 359 (2) of BNSS praying that i',r the,circTtqT"t of criminai Petition, the High crc11lYy stated in the Memorandr, "ici"r-nor be pleased to record the compromise and to quash the 1 roceedings against oetitioner/ Accused r.ro ,n c"6.i{o"e oi zooe on the fire of Xr/r Additionat Judge- H;i:ii[id;il"uicnLt Metropolitan Masistrate' Hvderabad ThisPetitioncomingonforhearing'uponperusingt'reMemorandumof Grounds of Criminal petitln anO upon hlaring the arguments of Sri N C'Das' Advocate for the Petition"' uJ in"'Sri Y Ashok Rai' Advocate for Respondent No.1, Public Prosecutor on behalf of the Respondent No 2 The Court made the following: COMMON ORDER -1.:EaZ HON'BLE SRI JUSTTCE i'. SREENTVAS RAO I.A.No.S of 2025 ,) IN AND CRJMINAL PETITION No.11546 of 2o23 COMMON ORDER: This Crirnina,l Petition has been filed r-rnder Section 482 of the Code of Crimina,l Procedr.rre, 1973 (for short, 'Cr.P.C.') by the petitioner aggrieved by the order dated

05.06.2013 passed by the Metropolitan Sessions Judge, Hyderabad, in Crl.M.P.No.1952 of 20L2 in Criminal Appeal No.82 1 of 2012, where-'-urder the petition fiied by the petitioner to receive certain documents as additional evidence was dismissed.

2. During the pendency of this crirninal petition, petitioner and rcsponde nt No. 1 ente red into cornprornise and filed cornpromise petition i.e. I.h.|Io.S of 2025 by enclosing the j oint rnemo, dated 1 8. 08 .2025.

3. Heard Mr.N.C.Das, Iearned counsel for the petitioner and Mr.Y.Ashok Raj, learned counsel for respondent No. 1.

4. Both the cotrnsel subrnitte d that the petitioner and respondent No. 1 entered into comprornise and the petitionq' has agreed to pa.y ara arnount of Rs.2,5O,OOO/- \ t 2 towards fl.ll and final settlement and is:;u.ed Banker's cheque trearing No.545748, dated 13.O8.2t)25 drawn on State Bank of India, Kondapur Branch anrl there are no other clajrns against cach othcr.

5. Mr.P.Prakastr Rao, petitioner/a<:cused and Mr.D.Satyanarayarra, respondent No. 1 / cornl>lainant are physically present before this Court and learnecl cottnsel for both l.he parties identified thern and plac ed the copy of their Adhaar cards.

6. Having considered the submissions made tv the respective parties and after perusal of thc material availat Le on record, it reveals thzLt respondent No.1 filed complaint i.e. C .Cl.No.9 of 2O08 on the hle of the XVI Additional Judge-cum-XX \dditional Chief Metropolitan Magistrate. Hyderabad, for the offe nr:e punishable under Secl-ion 138 of thc Negotiable Instruments {ct, (}rereinafter called for brevity as 'the ActJ on the ground that the che<1ue issued by the petitioner for an amount of Rs.4 lakhs w,rs dishonoured. The trial Court after taking into consideratior the oral and documenta.ry evidence on record and after helring both the parties, convicted the petitioner for the offence unier Section 138 of the Act and sente nced to undergo simple imp-rsonment for a ..*ry 3 period of one (1) year and shall also pay fine of Rs. i0,0OO/- and in default to pay the fine amount, he shall undergo further simple imprisonment for a period of three (3) months. Aggrieved by the said judgme nt, the pe titioner hled Criminal Appeai No.82 I of 2Ol2 on the iile of the Metropolican Sessions Judge, Nampally at Hyderabad. In the said appeal, the petitioner filed petition namely Crl.M.P.No. 1952 of 2012 seeking permission to receive certain documents as additionai evidence and the learned Sessions Judge dismissed the said petition by its order dated 05.O6.20 13.

7. Aggrieved by the same, the petitioner approached this Court and filed Criminal Revision Case No. 1476 of 2013 and this Court dismissed the said revision petition on 05.10.2023 on the ground of maintainability. However, the petitioner granted liberty to question the order dated 05.O6.2013 by way of quash petition. Accordingly, the petitioner fited the present criminal petition.

8. The petitioner and respondent No. 1 entered into compromise and frled I.A.No.S of 2025 by enclosing the joint memo dated

18.08.2025.

9. The joint memo hled by the parties reveals that the petitioner and respondent No.l at the intervention of the elders and well wishers entered into amicable settlement, accordingly, the \-\ 4 petitioner ttas agreed to pay Rs.2,50,O00/- towarr s full and final settlement and respondent No.1 has agreed to rc :eive the same Learned counscl for the petitioner handed ov:: tht: original Bankers cheque bearing No.545748, date< I3.Oa.2025 d.rawn orL State Elank of India, Kondapur Brzrnch, for Rs.2,50,OOO/- issued in the narne of respo:rdent No. 1 to the learned counsel appearing on behalf of respondent No.1 in the prcsence of respondent No.1 anc[ he received and acknowledged the sarne.

10. Takirrg into consideration the above said factr; including joint memo hlecl by both the parties, the sentence ir-rposed by the learned XVI Additional Judge-cum-XX Ad li..ionirl Chief Metropolitan Magistrate, Hyderabad in C.C. No.9 r[ 2OO8 against the petitioner uide judgment dated 22.OA.2O12 is liablc to be set aside. 1 1. Accrtrdingly, the crirninal petition is :rllowecl and the judgment dated 22.08.2012 passed in C.C. No.9 of 2OO8 on the hle of the learned XVI Additional Judge-cum-XX ,\dditional Chief Metropolitan Magistrate, Hyderabad is hereby sct aside.

12. It is pertinent to rnention that the ptrrties have consumed the valuable tirne of the trial Co urt, zlppellate w To, M 5 Court as well as this Cot.rrt. Herrce, the petitioner 1S directed to pay an amount of Rs.15,OOO/- to the High Court Legal Services Comrnittee, within a period of two weeks from todaY Pending miscellaneor.rs applications, if any, shall stand closed. SD/- MOHD.ISMAIL DEPUTY REGISTRAR ,/TRUE COPY// SECTION OFFICER

1. The XVI Additional Judge- cum-XX Additional Chief Metropolitan Magistrate, Hyderabad

2. The lX Additional Chief Metropolitan ltilagistrate Hyderabad. 3. One CC to Sri N.C.Das, Advocate [OPUC] 4. One CC to Sri Y.Ashok Raj, Advocate [OPUC] 5. Two CD Copies Note: Total Amount of Rs.15,000/- ( Rupees Fifteen thousand only ) has been paid by Sri N.C.Das, Counsel for the Petitioner as directed by the Hon'ble Court vide order dated 25.08.2025 as Rs. '15,000/- ( Rupees Fifteen thousand only ) to the "High Court Legal Services Committee, Hyderabad and filed Memo as proof of compliance USR No. 97613 of 2025and Receipt No.1628 dated 09-09-2025 NVB/PSL I i ,l I I i I I I I l j I I i I I I i HIGH COURT DATED:2510812025 COMMON ORDER l.A.No.S ot 2025 ln/And CRLP.No.11546 ot 2023 .J 1 (: T: ,\TF ,( a:'r -):" -i. O 111 ?ffi I\I -k l. \:i ALLOWING THE CRIMINAL PETITION AND !A.NO.s oF 2025 1 l0