Allowed

Palavarapu Shailaja v. The State of Telangana

Telangana HC9 Dec 2024CRLRC/793/2024

Case brief

AI extract

What is this about?

Criminal revision against conviction under Section 138 of the Negotiable Instruments Act, confirmed on appeal. Parties compromised before the High Court; applications to compound were filed by the complainant. The court permitted compounding and allowed the revision, setting aside the appellate court's judgment confirming conviction.

What did the court decide?

Compounding permitted; judgment dated 25.07.2024 in Crl.A.No.36 of 2023 set aside; I.A.Nos.3 & 4 of 2024 and Crl.R.C.No.793 of 2024 allowed.

Palavarapu Shailaja Vs The State of Telangana — Cheque Dishonour | Telangana HC (2024)

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BAIL SLIP : The Appellant / Accused^{was directed to be released on bail by the} Order of the High Court dated^{O6-OE-2O24made in l.A.No.2of 2024in} Crl.R.C.No.793 of 2024.

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IN THE HIGH COURT FOR THE^{STATEOF TELANGANA AT HYDERABAD}

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MONDAY, THE NINTH DAY^{OF DECEMBER} TWO THOUSAND AND TWENW FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^{E.V.VENUGOPAL}

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l.A. NO: 3 AND 4 OF 2024

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IN / AND

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CRIMINAL REVISION CAS E NO:^{793 OF 2024}

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criminal Revision case filed^{under section 397 & 401 0f cr.P.c. i Section 438} & 442 of BNSS against the^{Judgmentdaled 25-07-2O24 made in crlA-.No.36of} 2023 on the file of the^{Court of the ll Additional Sessions Judge, Khammam,} prefened against the Judgment dated 31-08-2023^{passed in c.c.No.499of 2018 on} the file of the Court of the Special^{Judicialttrtagistrate of First Class, Prohibition and} Excise at Khammam.

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Between:

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Palavarapu Shailaja, Wo.^{Srinivasa Ra.o, Age 45 years, Occ. Pvt.Bup!n999'} R/o. H.f.io.A-A-21i1,' Brahmin^{Bazar, KhammamCity, Khammam District,} Telangana State

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...Petitioner / Accused

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AND

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The State of Telangana,^{Rep. by Public Prosecutor, High Court, Hyderabad}

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...ResPondent / ResPondent

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Pirangi Sridhar, S/o.^{Ramulu,Ag-e40 ye-ars,Occ- B^usineSs,Rlio'H'No 11-9-}

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iSOls] NST Road, Near Saritha-Clinic, Khammam City, Khammam District, Telangana State

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...Respondent / Respondent^{/ Complainant}

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tA NO: 3 OF 2024

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Between:

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Piranoi Sridhar, S/o.^{Ramulu,Age 40 years, Occ. Business, Rl/o'H'No 11-9-} i sols] ruSf Roaa,^{ruear saritha-clinic;KhammamCity, KhammamDistrict,} Telangana State

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...Petitioner / Defacto Complainant^{/ PW-1} in l.A.No.3 & 4 of 2024

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AND

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The State of Telangana, Rep. by Public Prosecutor, High Court, Hyderabad

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*" " P"" i] ffil: lJtTsii;il

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Palavarapu _S!qil.ajg, W/o. Srinivasa Rao, Age 45 years, Occ. pvt. Business, R/o H.No.8-8-2111 , Brahmin Bazar, Kharimam^-City, Kharnmam District, Telangana State

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...Respondent / Petitioner in l.A.No.3 & 4 of 2024

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Petition under Section 359 (6) of BNSS r/w Section 147 of Nl Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant permission to file compound petition to compound the offence with the respondents/accused who is the petitioner in the above crl.RC.No. 793 of 2024 before this Hon'ble court which filed to set aside the judgment and sentence passed by the court of the ll Additional sr:ssions Judge, Khammam dated 2510712024 in crl.A.No. 36 of 2023, by confirming the judgment and sentence passed by the court of the Special Judicial Magistrate of First class, Prohibition and Excise at Khammam, dated 31/08/2023 in cc.No. 499 of 2018.

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lA NO: 4 OF 2024

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Petition under Section 359 (2) of BNSS r/w section i 47 of NI Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to compound the offence with the accused who is the petitioner in the above crl.Rc.No. 793 ot 2024 before this Hon'ble court which filed to set aside the judgment and sentence passed by the court of the ll Additional sessions Judge, Khammam dated 2stoil2o24 in crr.A.No. 36 of 2023, by confirming the judgment and sentence passed by the court of the special Judicial Magistrate of First class, Prohibition and Excise at Khammam, dated 31/08i2023 in CC.No. 499 of 2018.

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Counsel for the Petitioner Dr Challa Srinivasa Reddy

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Counsel for the Respondent No 1 Mr E Ganesh Assistant Pubtic Prosecutor

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Counsel for the Respondent No 2 : Ms Sailaja Bandaru

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The Court made the following Common Order :

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THE HONOURABLE^{SRI JUSTICEE.V. VENUGOPAL}

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I.A.No.3 and 4 of 2o24 1n and CRIMINAL REVISIO^{NCASE No.793 OF 2024}

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COMMON ORDER:-

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The Criminal Revision^{Case is filed aggrieved by the} judgment dated. 25.07.2024 in^{Crl.A.No.36 of 2O23 passed} by the learned II^{AdditionalSessions Judge, Khammam} (for short, the appellate^{Court) confirming the judgment} dated 31.08.2023 in^{C.C No.499of 2018passed by the} learned Special^{Judicial Magistrate of FirstClass,} Prohibition and Excise,^{Khammam(for short, "the trial} Court") in convicting^{the petitioner/accused for the offence} punishable under Section^{138 of Negotiable Instruments} Act, 1881.

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Heard Dr. Challa^{SrinivasReddy, learned counsel for} the petitioner, Mr.^{E. Ganesh, learnedAssistant Public} Prosecutor appearing^{for respondent No'l-State and Ms'} Sailaja bandaru,^{learned counsel for respondent No'2'} - . .

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Whr:n the matter is taken up for hearin;q, learned counsel ibr respective parties submitted that both the parties have entered into compromise and strtfled the matter out of Court, to that effect filed I.A.Nos.3 and 4 of 2024 and seeks to compound the offence ancl rr:cord the compromise between the parties and allou. the Revision by setting aside the judgment dated juclgment dated 25.O7.2024 in Crl.A.No.36 of 2023 passed bt, the i,:arnecl II Additional Sessions Judge, Khammam (for short, the appellate Court) confirming the judgment dated 3l .Og.2023 in C.C.No.499 of 2Olg passed by the learned Special Judicial Magistrate of First Ciass, prohibition ancj Excise court, Khammam (for short, ..the trial court,,) rn convicting the petitr o ner/accused for the offence punishabler under Section l38 of Negotiable Instruments Act, 18g1.

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4 It is further submitted by the iearned counser for the revlslolt petitioner and respondent No.2 that rr:visiou petitioner and respondent No.2 are present bcfole this 4""::O identified by the respective counsel. Lr::a:-necl counsel for the respective parties seeks to allort. 1fus 2!6y6

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said apPlications^{in the interestjustice'Hence' they seek to} allow the Criminal^{Revision Case'}

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Recording the^{submissions made by the learned} counsel for^{the respectivepartiesand on perusingthe} material^{available on record',this Court is inclined to a'llow} I.A.Nos.3 and^{4 thereby setting aside the judgment dated} 25.07.2024^{in Crl.A.No.36 of 2023 passedby the learned} II Additional^{Sessions Judge,Khammam(for short'the} appellate^{Court) confirmingthe judgment dated 31'08'2023} in C.C.No.499^{of 2O 18 passed by the learnedSpecial} Judicial Magistrate^{of First Class, Prohibition and Excise} Court, Khammam^{(for short, "the trial Court") in convicting} the petitioner/^{accusedfor the offence punishableunder} Section^{138 of Negotiable Instruments Act' 1881} '^{as the} revision^{petitioner and respondent No'2 compromisedwith} their free^{will and consentwithout any coercion'This order} is passed^{without causing prejudiceto the righls of any of} the Parties.

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I {

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Accordingly,^{I.A'Nos'3and 4 of 2024 inland Criminal} Revision^{Case No.793of 2024 are allowed'}

Miscellaneous petitions, pending if any, sh al1 stand

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closed

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Sd/. I. NAGA LAKSHMI DEPUTY REGISTRAR

//TRUE COPYII

SECTION OFFICER

To,

1 The ll Additional Sessions Judge, Khammam (with records, ii any)

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2 Ii:;$""#, Judiciat Magistrate of First Ctass, prohibition anci Excise at

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5 The I Additional Judicial Magistrate of First Class at Khammam

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Ifff""r::"rSsPublic^{Prosecutor,Highcourrfor the state} ol,Tetansana,

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5 One CC to Dr Challa Srinivasa .Reddy, Advocate tOpUCl

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One CC to Ms Sailaja Bandaru Advocate [OPUC]

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Two CD Copies

HIGH COURT

DATED:0911212024

COMMON ORDER

I.A.No.3&4of2024

in / and

CRLRC.No.793 ot 2024

s 1 $6- STA )6'
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ALLOWING BOTH THE t.A.s & THE CRLRC

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tt^.)

Palavarapu Shailaja v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Palavarapu Shailaja v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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