RAVURU NAGARAJU Vs. STATE OF A.P

JUDGEMENT

(1.) These miscellaneous petitions are filed seeking permission of this Court to permit the parties to enter into compromise in the present revision filed against judgment dtd. 9/6/2021 passed in Crl.A.No. 268 of 2018 by learned Special Judge for Trial of Offences under SCs and STs (POA) Act -cum- V Additional Sessions Judge, Nellore District confirming the sentence imposed by learned II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District in judgment dtd. 28/8/2018 in C.C.No.178 of 2014 and acquit the petitioner/accused for the offence punishable under Sec. 138 of the N.I. Act

(2.) The brief facts of the case are that the petitioner/accused borrowed a sum of Rs.6,00,000.00 on 16/7/2012 from respondent No.2/complainant by executing promissory note in favour of respondent No.2 agreeing to repay the same with interest at 24% per annum but he failed to pay the same in spite of repeated demands. Finally the petitioner issued cheque bearing No.593272 dtd. 30/9/2013 for Rs.6,00,000.00 towards part payment of alleged debt and the same was dishonoured on its presentation. As the petitioner did not choose to pay the same even after issuance of legal notice, respondent No.2 filed the above C.C. The petitioner was found guilty of the offence under Sec. 138 read with 142 of the N.I. Act and was convicted for the said offence. Aggrieved by the same, the petitioner preferred appeal vide Crl.A.No.268 of 2018 on the file of learned Special Judge for Trial of Offences under SCs and STs (POA) Act -cum- V Additional Sessions Judge, Nellore and the same was dismissed by confirming the conviction and sentence imposed by the trial Court. Assailing the said judgment, the revision petitioner filed the present revision to set aside the conviction and sentence.

(3.) Heard Sri V.Siva Prasad Reddy, learned counsel for the revision petitioner, Sri Gummadi Stalin Babu, learned counsel for respondent No.2 and Sri K. Anand Kumar, learned Additional Public Prosecutor for respondent No.1-state.