THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
CRIMINAL REVISION CASE NO. 427 OF 2022
ORDER:-
This Criminal Revision Case has been filed against the order
dated 08.04.2022 in Crl.M.P.No.65 of 2022 in Criminal Appeal
No.58 of 2022 on the file of the V Additional District and Sessions
Judge, Rajamahendravaram.
2. Vide judgment dated 16.03.2022 in C.C. No.17 of 2017
on the file of the Judicial Magistrate of First Class, Anaparthi, the
petitioner herein was convicted of the offence punishable under
Section 138 read with 142 of the Negotiable Instruments Act,
1881 and sentenced to undergo simple imprisonment for a period
of one year and to pay the cheque amount towards compensation
to 1st respondent/complainant in default to suffer simple
imprisonment for a period of two months. Against the said judgment, the petitioner preferred Criminal Appeal No.58 of 2022 on the file of the V Additional District and Sessions Judge, Rajamahendravaram and filed Crl.M.P. No.65 of 2022 in the said appeal under Section 389 (1) Cr.P.C. seeking suspension of sentence of imprisonment imposed by the trial Court. The appellate Court, vide impugned order dated 08.04.2022, allowed the said petition suspending the substantive period of sentence of imprisonment imposed by the trial Court pending disposal of the Criminal Appeal on the same terms and conditions imposed by the trial Court while passing order suspending the sentence passed by it, and further directed the petitioner to deposit an amount of Rs.1,20,000/-, being 20% of the compensation amount of Rs.6,00,000/-, before the trial Court within 60 days from the said date, by observing that in the event of failure to do so, bail shall stand cancelled. Challenging the said order, the present Criminal Revision Case is preferred.
3. Heard. Perused the material on record.
4. Learned counsel for the petitioner submits that the petitioner is not in a position to pay the compensation as ordered by the Court below and hence the condition is onerous.
5. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, the Criminal Revision Case is disposed of, modifying the impugned order, and the sentence imposed against the petitioner in the judgment dated 16.03.2022 in C.C. No.17 of 2017 on the file of the Judicial Magistrate of First Class, Anaparthi stands suspended pending disposal of Criminal Appeal No.58 of 2022 on the file of the V Additional District and Sessions Judge, Rajamahendravaram, on condition of petitioner executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each, to the satisfaction of the Judicial Magistrate of First Class, Anaparthi.
Miscellaneous Petitions, if any, pending in this Criminal Revision Case, shall stand closed.
___________________________________ JUSTICE K. SREENIVASA REDDY Date: 27.06.2022.
Rmn THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY Crl.P.No.4843 of 2019 Date: 27.06.2022 Rmn