Perikala Bhaskara Rao Vs the State and Another

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THE HON'BLE SRI JUSTICE N. RAVI SHANKAR

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CRL.R.C.M.P.No.3716 of 2011

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in

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CRL.R.C.No.1684 of 2005 and

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CRL.R.C.No.1684 of 2005

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ORDER:

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This revision petition is filed by the accused in C.C.No.136 of 2003 on the file of the II Additional Judicial First Class Magistrate, Ongole. The offence alleged is one punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short Act). Having suffered convictions in both the courts below, he filed this revision. The matter is taken up as a lunch motion on a mention made by Sri S.Venkateswarlu, counsel representing Smt K. Sesharajyam, learned counsel for the revision petitioner.

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2. Sri S.Venkateswarlu, counsel appearing for the petitioner, says that both the parties are present and they have compounded the offence. The petitioner-accused Perukala Bhaskara Rao and the respondent-complainant Vellampalli Varadarajulu are present in court and they admit the terms of compromise. It is stated that the amount covered by the cheque is paid to the complainant. The counsel appearing for the petitioner also affirmed the same. As the offence under Section 138 of the Act is compoundable, the compromise is recorded.

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3. In view of the compromise recorded above, both Crl.R.C.M.P.No.3716 of 2010 and Crl.R.C.No.1684 of 2005 are allowed and the convictions and sentences are set aside and the petitioner-accused is acquitted.

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N. RAVI SHANKAR, J

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13^th December 2011 CVRK

Perikala Bhaskara Rao v. the State and Another

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Perikala Bhaskara Rao v. the State and Another

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