THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Revision Case No.1157 OF 2022
ORDER:
This Criminal Revision Case is preferred against the order dated 14.10.2022, passed in Crl.M.P.No.859 of 2022 in Criminal Appeal No.202 of 2022 on the file of the Court of the Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-VIII Additional District and Sessions Judge, West Godavari, Eluru.
2. The petitioner is accused in C.C. No.32 of 2016 on the file of the Special Judicial Magistrate of I Class (Mobile)-cum-III Additional Junior Civil Judge Court, Eluru. Vide judgment dated 16.09.2022 in the said Calendar Case, he was convicted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo Simple Imprisonment for one year and also to pay fine of Rs.13,50,000/- and the total fine amount is directed to pay towards compensation under Section 357 Cr.P.C. to the complainant and in default of payment of fine to suffer simple imprisonment for a period of three months. Aggrieved by the same, the petitioner preferred Criminal Appeal No.202 of 2022 on the file of the Court of the Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-VIII Additional District and Sessions Judge, West Godavari, Eluru, and 2 also filed Crl.M.P.No.859 of 2022 therein seeking to suspend the sentence and fine amount imposed by the trial Court. The appellate Court, vide impugned order dated 14.10.2022, suspended the operation of sentence on the following conditions;
i) The suspension of sentence as is being ordered by this Court now shall be suspended only on the condition of depositing of 20% of the cheque amount (Rs.9,00,000/-is the cheque amount and 20% out of it would come to Rs.1,80,000/-) i.e., Rs.1,80,000/- with the learned Special Judicial Magistrate of I Class (Mobile) cum-II Additional Junior civil Judge, Eluru within a period of 60 days from the date of this order.
ii) On such deposit, the Ld Magistrate is directed to deposit the 20% of the cheque amount in FDR in any Nationalised Bank till further orders.
iii) In any event, if the Petitioner/Appellant/Accused failed to deposit 20% of the cheque amount as ordered by this Court within 60 days from the date of this order, this petition stands dismissed and the operation of the sentence imposed by the learned Magistrate shall continued and
iv) After 60 days from this date in the event of non-payment of 20% of the cheque amount, the trial Court is directed to issue NBW against the Petitioner/Appellant/Accused, secure his presence and see that the sentence imposed by it is served" .
3. Against the said order, the present revision case has been filed by the petitioner on several grounds which are mostly on merits in the appeal and on the ground that the petitioner had 3 already paid 5% of the cheque amount at the time of recalling of Non-bailable warrant was issued against him by the trial Court.
4. Learned counsel for the petitioner at the time of hearing submitted that the petitioner is not in a position to comply with the said condition of depositing 20% of the cheque amount and in view of the fact that he had already paid 5% of the cheque amount he may be directed to pay the balance of 15% of the cheque amount.
5. Though the impugned order was passed in October, 2022, till today the petitioner has not paid any amount. It is submitted by the learned counsel for the petitioner that the petitioner is in financial crisis and he is not in a position to pay the said amount. He also submits that he got fair chances to succeed in the appeal.
6. In view of the facts and circumstances of the case, this Court feels that imposing a condition of depositing 15% of the cheque amount would meet the ends of justice. Accordingly, the impugned order passed in Crl.M.P.No.859 of 2022 in Crl.A.No.202 of 2022 on the file of the Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-VIII Additional District and Sessions Judge, West Godavari, Eluru, is modified by directing the petitioner/accused to deposit 15% of the cheque amount within a 4 period of eight weeks from the date of receipt of a copy of this Order.
With the above said modification, this Criminal Revision Case is disposed of.
As a sequel, interlocutory applications pending, if any, in this Criminal Revision case shall stand closed.
___________________________ K.SREENIVASA REDDY, J Date:16.12.2022 GR