E.Nagabushanam Vs the State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2026)

E.Nagabushanam Vs the State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Criminal Revision Case allowed; judgment dated 22.09.2023 in Crl.A.No.51 of 2022 and the confirmed judgment in CC No.86 of 2018 set aside; Petitioner/Accused acquitted; costs of Rs.10,000/- imposed, payable to the High Court Legal Services Committee, Amaravati, to be spent for visually challenged children; miscellaneous petitions closed.

Issue for consideration

Whether, in view of the compromise/settlement arrived at between the parties through mediation before the High Court Legal Services Committee, the Criminal Revision Case should be allowed and the Petitioner/Accused acquitted with the judgments in Crl.A.No.51 of 2022 and CC No.86 of 2018 set aside.

Court's answer

Considering the submissions made and having regard to the facts of the case, this Criminal Revision Case is allowed.

Ratio / Principle

The judgment dated 22.09.2023 in Crl.A.No.51 of 2022 (Principal District and Sessions Judge, Ananthapuramu), which confirmed CC No.86 of 2018 of the II Special Magistrate, Ananthapuram, is hereby set aside.

Key takeaways

The Petitioner/Accused is acquitted from this case.ratio¶40
The Petitioner shall pay costs of Rs.10,000/- (Rupees ten thousand only) to the High Court Legal Services Committee, Amaravati.ratio¶40
The Secretary, High Court Legal Services Committee is directed to spend the said cost amount to meet the necessities of the children who are visually challenged.ratio

Detailed headnote1 paragraphs

Criminal Revision Case under Sections 397/401 Cr.P.C. by the accused (E. Nagabushanam), convicted under Section 138 N.I. Act — cheque issued in lieu of a pronote loan of Rs.1,00,000/- taken on 28.10.2013, dishonoured with endorsement 'funds insufficient'. The II Special Magistrate, Ananthapuram (CC No.86/2018, dt.16-08-2022) convicted him under Section 255(2) Cr.P.C.: one year simple imprisonment, fine of Rs.3,00,000/- (default five months simple imprisonment), with Rs.2,90,000/- recoverable by the complainant as compensation from the fine. Appeal Crl.A.No.51/2022 was dismissed by the Principal District and Sessions Judge, Ananthapuramu on 22.09.2023, confirming the conviction. Parties thereafter settled amicably through mediation before the High Court Legal Services Committee, Amaravati (Mediation Report dt.09.03.2026); respondent No.2/complainant acknowledged receipt of the amount due and raised no objection to the accused withdrawing Rs.60,000/-. On the compromise, this Court allowed the revision, set aside both judgments, acquitted the accused, and directed payment of Rs.10,000/- costs to the High Court Legal Services Committee, Amaravati, to be spent on the necessities of visually challenged children; miscellaneous petitions were closed as a sequel.

[3396]

APHC010511752023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 907/2023

Between:

E.NAGABUSHANAM, S/O. E. KONDANNA, AGED ABOUT 59 YEARS, OCC. VRO, R/O. D. NO. 2-2-269, AKUTHOTA PALLI VILLAGE, ANANTHAPURAM RURAL MANDAL AND DIST.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMAVARATHI.

SMT UPPARA SUJATHA, W/O SRINIVASULU, (DIVERSED) AGED ABOUT 35 YEARS, HINDU, ANANTHAPURAM CITY

...RESPONDENT(S):

Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set-aside the judgment passed in C.C.No.86/2018 dt.16-08-2022 before the Second special Magistrate, Ananthapuram as confirmed in Criminal appeal No. 51/2022 dt. 22-09-2023 by the principle district and sessions judge, Ananthapuram and pass such

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dispense with filing of certified copy of judgment passed in C.C. No. 86/2018, dt.16-08-2022 by the 2nd special Magistrate, Ananthapuram and pass such

IA NO: 2 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the operation of sentence imposed in the judgment in C.C.No.86/2018 dt.16- 08-2022, before the Second special Magistrate, Ananthapuram as confirmed in Criminal appeal No. 51/2022 dt. 22-09-2023 by the principle district and sessions judge, Ananthapuram and pass such

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time granted by this Hon’ble Court in I.A.N0. 2 of 2023 in Crl.R.c. No. 907 of 2023 dt, 20.11.2023 in so far as with in a period of 8 weeks from today and pass

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IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to recall the Non-Bailable warrants passed dt. 17.12.2025 in CRLRC No. 907/2023, pending before this Hon'ble Court and pass Counsel for the Petitioner:

1.P NARASIMHULU

Counsel for the Respondent(S):

1.SWATHI PALLEBOYINA

2.PUBLIC PROSECUTOR (AP)

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The Court made the following: ORDER:

This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the Petitioner / Accused aggrieved by the Judgment dated 22.09.2023 passed in Crl.A.No.51 of 2022 on the file of the Court of Principal District and Sessions Judge, Ananthapuramu, which was confirmed in CC No.86 of 2018 on the file of the Court of II Special Magistrate, Ananthapuram.

The respondent No.2 herein filed a complaint against the Petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I.Act’) stating that the Petitioner /accused borrowed an amount of Rs.1,00,000/- from the respondent No.2/complainant on 28.10.2013 and executed a pronote on the same day. In lieu of payment of the said amount, the petitioner/Accused issued a cheque in her favour, which was returned with an endorsement ‘funds insufficient’. After following the procedure as contemplated under the provisions of the Negotiable Instruments Act, the respondent No.2/complainant filed complaint which is the subject matter in CC No.86 of 2018 on the file of the Court of II Special Magistrate, Anantapuram. The Learned Magistrate, having considered the evidence adduced on both sides and hearing the parties, found the Petitioner/Accused guilty of the offence under Section 138 of the N.I.Act and convicted him under Section 255(2) of Cr.P.c. and sentenced to undergo simple imprisonment for a period of one year and shall pay a fine amount of Rs.3,00,000/- in default, shall undergo simple imprisonment for a period of five months and on payment of fine amount, the respondent No.2/complainant is

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entitled to recover/withdraw a sum of Rs.2,90,000/- towards compensation from out of the fine amount. Aggrieved by the same, Petitioner/Accused preferred appeal, vide Crl.A.No.51 of 2022 on the file of the Court of Principal District and Sessions Judge, Ananthapuramu, wherein the learned Sessions Judge vide Judgment dated 22.09.2023 dismissed the appeal confirming the Judgment in CC No.86 of 2018. Questioning the same, the present criminal revision case is filed by the petitioner/Accused.

The parties appeared before this Court and identified by their respective counsels on record. The High Court Legal Services Committee submitted the Mediation Report of the Advocate-cum-Mediator dated 09.03.2026, wherein, it is stated that with the consent of both the parties, the issue is settled amicably in the presence of the petitioner and counsel for respondent No.2, in Mediation and Arbitration Centre. During mediation, respondent No.2 stated that she has no objection to withdraw the amount of Rs.60,000/- by the petitioner/Accused as she received the amount due from the petitioner.

Learned counsel for the Petitioner would submit that the matter is settled before the High Court Legal Services Committee, Amaravati and in view of the compromise arrived at between the parties, requested to acquit the Petitioner by allowing this Criminal Revision Case.

Learned Assistant Public Prosecutor is in attendance.

Considering the submissions made and having regard to the facts of the case, this Criminal Revision Case is allowed and the Judgment dated 22.09.2023 passed in Crl.A.No.51 of 2022 on the file of the Court of Principal District and Sessions Judge, Ananthapuramu, which was confirmed in CC No.86 of 2018 on the

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file of the Court of II Special Magistrate, Ananthapuram are hereby set aside. The Petitioner/Accused is acquitted from this case. The Petitioner shall pay costs of Rs.10,000/- (Rupees ten thousand only) to the High Court Legal Services Committee, Amaravati. The Secretary, High Court Legal Services Committee is directed to spend the said amount to meet the necessities of the children, who are visually challenged.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA

11.03.2026 Mjl/*

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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL Revision Case No. 907 of 2023

11.03.2026

Mjl/*

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 22.09.2023 in Crl.A.No.51 of 2022 dismissing the petitioner/accused's appeal and confirming the conviction in CC No.86 of 2018 (II Special Magistrate, Ananthapuram) for the offence under Section 138 N.I. Act.¶31
Court of Principal District and Sessions Judge, Ananthapuramu · 22.09.2023
Prior proceeding
Complaint by respondent No.2 against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act: loan of Rs.1,00,000/- taken on 28.10.2013 with a pronote executed the same day; cheque issued in lieu was returned with endorsement 'funds insufficient'; complaint registered as CC No.86 of 2018 before the II Special Magistrate, Anantapuram.¶32
Prior proceeding
The Learned Magistrate found the petitioner/accused guilty of the offence under Section 138 of the N.I.Act and convicted him under Section 255(2) of Cr.P.c., sentencing him to one year simple imprisonment.¶32
Prior proceeding
Sentence further included a fine of Rs.3,00,000/- with default simple imprisonment of five months.¶32
Prior proceeding
On payment of the fine amount, respondent No.2/complainant was entitled to recover/withdraw Rs.2,90,000/- towards compensation out of the fine amount.¶34
Prior proceeding
Aggrieved by the conviction, the petitioner/accused preferred appeal Crl.A.No.51 of 2022 before the Principal District and Sessions Judge, Ananthapuramu, wherein the learned Sessions Judge dismissed the appeal vide judgment dated 22.09.2023, confirming the judgment in CC No.86 of 2018.¶34
Prior proceeding
IA No.1 of 2023: petition under Section 151 CPC to dispense with filing of certified copy of the judgment in C.C. No. 86/2018, dt.16-08-2022 of the 2nd Special Magistrate, Ananthapuram.¶17
Prior proceeding
IA No.2 of 2023: petition under Section 151 CPC to suspend the operation of sentence imposed in the judgment in C.C.No.86/2018 as confirmed in Criminal Appeal No. 51/2022.¶19
Prior proceeding
IA No.1 of 2024: petition under Section 151 CPC to extend the time granted in I.A. No. 2 of 2023 in Crl.R.C. No. 907 of 2023 (interim order dt. 20.11.2023) by a period of 8 weeks.¶21
Prior proceeding
IA No.1 of 2025: petition under Section 151 CPC to recall the Non-Bailable Warrants passed dt. 17.12.2025 in CRLRC No. 907/2023 pending before this Court.¶24
Prior proceeding
High Court Legal Services Committee submitted the Mediation Report of the Advocate-cum-Mediator dated 09.03.2026 recording that, with the consent of both parties, the issue was settled amicably in the presence of the petitioner and counsel for respondent No.2 in the Mediation and Arbitration Centre.¶35
Prior proceeding
During mediation, respondent No.2 stated that she had no objection to the petitioner/accused withdrawing the amount of Rs.60,000/- as she had received the amount due from the petitioner.¶35