Allowed

K.K.Prahallada Rao, v. the State of Andhr Pradesh Rep by Pp.

Andhra Pradesh HC2 Nov 2023CRLRC/1090/2006

Case brief

AI extract

What is this about?

The High Court allowed an interim application seeking to compound the offence under Section 138 NI Act. After recording the complainant's withdrawal and settlement, the Court acquitted the petitioner, setting aside the conviction and sentence.

What did the court decide?

The Criminal Revision Case and Interim Application are allowed; conviction and sentence set aside; petitioner acquitted; mismatch of interim orders vacated; other pending applications closed.

K.K.Prahallada Rao, Vs the State of Andhr Pradesh… — Cheque Dishonour | Andhra Pradesh HC (2023)

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THE HON'BLE SRI JUSTICE V.SRINIVAS

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I.A.No.2 of 2017 (Crl.R.C.M.P.No.5089 of 2017) IN/AND CRIMINAL REVISION CASE No.1090 of 2006

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ORDER:

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This Criminal Revision Case is filed by the petitioner/accused against the judgment dated 22.11.2005 in Criminal Appeal No.120 of 2004 passed by the learned II Additional Sessions Judge, Kurnool at Adoni, whereby the learned Judge confirmed the judgment dated 30.07.2004 in C.C.No.18 of 2003 on the file of the Judicial Magistrate of First Class, Yemmiganur.

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It is represented that the matter is compromised between the parties. In view of the said compromise, I.A.No.2 of 2017 (Crl.R.C.M.P.No.5089 of 2017) is filed along with memorandum of compromise signed by both the parties seeking to permit them to compound the offence.

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The petitioner/accused is present before this Court and he is identified by his learned counsel. Sri B. Vijaya Bhaskar, learned counsel for the 2^nd respondent/complainant, through

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his mobile WhatsApp, shown the 2^nd respondent/complainant by name Sri Seshi Reddy, S/o Bala Nagi Reddy.

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respondent/complainant with regard to the compromise, he stated that himself and the 2^nd respondent/complainant have settled the matter amicably at the instance of the well wishers; that in pursuance of the said settlement, he had received the entire amount covered by the subject cheque; that he intends to withdraw the complaint; and that he has no objection for compounding the offence against the petitioner/accused and prayed to allow I.A.No.2 of 2017 (Crl.R.C.M.P.No.5089 of 2017).

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Hence, this Court opines that continuation of further proceedings against the petitioner/accused would amount to abuse of process of law.

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Recording the above said submissions and memorandum of compromise, I.A.No.2 of 2017 (Crl.R.C.M.P.No.5089 of 2017) is allowed.

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Consequently, the Criminal Revision Case is allowed setting aside the conviction and sentence recorded in C.C.No.18 of 2003 passed by the learned Judicial Magistrate of First Class, Yemmiganur, as confirmed in judgment dated 22.11.2005 in

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Criminal Appeal No.120 of 2004 by the learned II Additional Sessions Judge, Kurnool at Adoni and the petitioner/accused is acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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Interim orders granted earlier if any, stand vacated.

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Miscellaneous applications pending if any, shall stand closed.

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_______________________ JUSTICE V.SRINIVAS 2^nd November, 2023. cbn

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165

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THE HON'BLE SRI JUSTICE V.SRINIVAS

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Criminal Revision Case No.1090 of 2006

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2^nd November, 2023

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cbn

K.K.Prahallada Rao, v. the State of Andhr Pradesh Rep by Pp.

Case brief

What is this about?

What did the court decide?

K.K.Prahallada Rao, v. the State of Andhr Pradesh Rep by Pp.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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