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CDJ 2026 APHC 1533
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| Court : High Court of Andhra Pradesh |
| Case No : I.A. No. 3 of 2026 In/And Criminal Revision Case No. 957 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Kandimalla Srinivasa Rao Versus Paleti Mallikharjuna Rao & Another |
| Appearing Advocates : For the Petitioner: Krishna Kishore Bhatraju, Advocate. For the Respondents: Public Prosecutor. |
| Date of Judgment : 14-08-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 438 read with 442 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 138 of the Negotiable Instruments Act, 1881
2. Catch Words:
- Criminal Revision
- Compromise
- Acquittal
- Costs waived
- Settlement
- Interlocutory application
3. Summary:
The petitioner filed a criminal revision under the BNSS seeking to set aside a conviction for an offence under Section 138 of the Negotiable Instruments Act. An interlocutory application was filed to record a compromise between the petitioner and the first respondent, which the public prosecutor did not object to. Both parties and their counsel signed a joint memo confirming the settlement. The court, noting the compromise, set aside the earlier conviction and sentence, acquitted the petitioner, and ordered his release from custody. Considering the petitioner's financial hardship, the court waived any costs. The interlocutory application was allowed, and the revision case was disposed of as compromised, with all pending interlocutory matters closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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Common Order
1. The Criminal Revision Case has been filed under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) by the Petitioner/Accused seeking to set aside the order and judgment dated 01.11.2021 passed in C.C.No.136 of 2019 on the file of learned Principal Junior Civil Judge-Cum-Judicial Magistrate of First Class, Tenali, as confirmed by the order dated 10.11.2025 passed in Crl.A.No.132 of 2021 on the file of XI Additional Sessions Judge, Tenali.
2. I.A. No.3 of 2026 has been filed by the Petitioner/Accused seeking to record the compromise entered into between the Petitioner and the Respondent No.1 in the present case.
3. Mr. G. Neelothpal, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise.
4. A Joint Memo has also been filed affixing the signatures of the Petitioner and Respondent No.1 as well as their respective Counsels. The Petitioner and Respondent No.1 have amicably settled the matter out of Court in terms of the mutual understanding arrived at between them.
5. In view of the settlement of the dispute between the Petitioner and Respondent No.1, the Criminal Revision Case is disposed of as compromised. Consequently, the conviction and sentence passed in C.C.No.136 of 2019, dated 01.11.2021, by the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Tenali, as confirmed in Criminal Appeal No.132 of 2021, dated 10.11.2025, by the learned XI Additional Sessions Judge, Tenali, are hereby set aside. Hence, the Petitioner/Accused is acquitted under Section 138 of the Negotiable Instruments Act, 1881.
6. The petitioner shall be released from the District Jail, Guntur, if his presence is not otherwise required in any other case.
7. The learned counsel for the Petitioner submits that the Petitioner, aged about 55 years, is a small peasant and is unable to bear the costs as directed by the Hon’ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H ((2010) 5 SCC 663) observed that for compounding an offence under the provisions of the Negotiable Instruments Act before the Revisional Court, i.e., the High Court, the Petitioner is required to pay a certain amount towards costs. However, the Hon’ble Apex Court in Madhya Pradesh State Legal Services Authority v. Prateek Jain ((2014) 10 SCC 690) relaxed the rigor of the judgment in Damodar S. Prabhu supra and observed that in appropriate cases, matters can be compounded at the revision stage either on payment of minimal costs or by waiving the costs in suitable cases.
8. Considering the financial conditions of the Petitioner, the payment of costs is waived.
9. Accordingly, the I.A.No.3 of 2026 is allowed, and the Criminal Revision Case is disposed of as compromised. There shall be no order as to costs.
As a sequel, interlocutory applications, if any pending, shall stand closed.
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