THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.948 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to quash the order dated 12.01.2021 in Crl.M.P.No.9 of 2021 in Crl.M.P.No.346 of 2020 in Crl.A.No.315 of 2020 passed by the III Additional Metropolitan Sessions Judge at Hyderabad (for short, appellate Court).
2. The petitioner herein is the sole accused in C.C.No.4 of 2019 (old No.461 of 2019) on the file of the XIX Special Magistrate, Hyderabad (for short, trial Court). The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. Respondent No.1 herein has filed a complaint vide C.C.No.4 of 2019 and the same was ended in conviction vide judgment dated 03.03.2020 passed by the trial Court. The trial Court directed the petitioner herein to pay a fine of Rs.4,50,000/-.
3. Feeling aggrieved by the said judgment, the petitioner herein preferred an appeal vide Crl.A.No.315 of 2020 before the appellate Court. He has filed an application for suspension of sentence of imprisonment passed by the trial Court in C.C.No.4 of 2019. Vide order dated 09.12.2020, the appellate Court suspended the sentence of imprisonment subject to condition that the petitioner herein shall deposit 20% of the fine amount before the trial Court on or before 21.12.2020. The petitioner herein has filed extension petition vide Crl.M.P.No.9 of 2021 seeking extension of time and the same was dismissed vide order dated 12.01.2021. Feeling aggrieved by the same, the petitioner filed the present petition.
4. As stated above, the appellate Court has suspended the sentence of imprisonment subject to the petitioner depositing 20% of the fine amount vide order dated 09.12.2020. The petitioner herein sought extension of time to deposit the said 20% of the fine amount on the ground that as he has performed the marriage of his daughter on 27.11.2020, he could not deposit the said amount in compliance of the order dated 09.12.2020 passed by the appellate Court. The appellate Court dismissed the said petition on the ground that the petitioner has not assigned any valid reason. It did not refer the reason mentioned by the petitioner seeking extension of time. It is the specific contention of the petitioner that due to his daughter's marriage, he could not deposit the amount within the stipulated time granted by the appellate Court.
5. Considering the said aspects and also the fact that the judgment in C.C.No.4 of 2019 was pronounced on 03.01.2021, this Court is inclined to grant two weeks time from today to the petitioner to deposit 20% of the fine amount in compliance of the order passed by the appellate Court in Crl.M.P.No.346 of 2020 in Crl.A.No.315 of 2020.
6. Accordingly, this petition is allowed quashing the order dated 12.01.2021 in Crl.M.P.No.9 of 2021 in Crl.M.P.No.346 of 2020 in Crl.A.No.315 of 2020 passed by the III Additional Metropolitan Sessions Judge at Hyderabad, subject to petitioner depositing 20% of the fine amount within a period of two weeks from today, failing which, the appellate Court and trial Court are at liberty to proceed further in accordance with law. Miscellaneous petitions pending, if any, in this Criminal Petition, shall stand closed.
__________________ K. LAKSHMAN, J Date: 17.02.2021 Note: Issue CC tomorrow.
B/o. TJMR