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Dr.GRR, J
crlrc_3513_2018
THE HON'BLE DR. JUSTICE G.RADHA RANI
CRIMINAL REVISION CASE No.3513 of 2018
ORDER:
This Criminal Revision Case is filed by the petitioner-complainant aggrieved by the Order dated 23.11.2018 in Cri.M.P.No.1106 of 2018 in C.C.No.368 of 2013 on the file of Special Magistrate Court No.1, Kukatpally at Prasanth Nagar.
2. The case of the petitioner-complainant was that he filed a case against the respondent Nos. 2 and 3-accused Nos. 1 and 2 for the offence under Section 138 of Negotiable Instruments Act (for short 'NI Act') in C.C.No.368 of 2013 on the file of Special Magistrate Court No.1, Kukatpally at Prasanth Nagar and the same ended in conviction on 11.11.2013. The respondent Nos.2 and 3-accused Nos. 1 and 2 filed Criminal Appeal No. 715 of 2013 on the file of XV Additional District Judge, Rangareddy District and the same was dismissed on 10.04.2018 confirming the judgment passed by the trial court.
3. Aggrieved by the said dismissal, the respondents-accused filed Crl.R.C.No.1119 of 2018 and the same was pending before this Court. While so, by an Order dated 01.10.2018 in I.A.No.5 of 2018 in Crl.R.C.No.1119 of 2018, this Court permitted the petitioner-complainant to withdraw a sum of 2 Dr.GRR, J crlrc_3513_2018 Rs.25,00,000/- deposited before the trial court towards fine amount without furnishing any security. But the trial court observing that the amount of Rs.25,00,000/- deposited before it, was neither compensation nor fine, but, it was only a cash security deposited by the respondents, not permitted the petitioner-complainant to withdraw the said amount.
4. Aggrieved by the said orders, the petitioner-complainant preferred this revision contending that the trial court exceeded in its jurisdiction vested in it while dismissing the application filed for withdrawal of the amount pursuant to the direction of this Court dated 01.10.2018 and committed grave error.
5. The court below instead of ordering the said petition as prayed, had drawn unreasonable conclusions which were contrary to the record and prayed to set aside the order dated 23.11.2018 in Crl.M.P.No.1106 of 2018 in C.C.No.368 of 2013 on the file of Special Magistrate Court No.1, Kukatpally.
6. Heard the learned counsel for the petitioner.
7. Perused the record.
8. The record would disclose that the accused Nos. 2 and 3 were convicted in C.C.No.368 of 2013 on 11.11.2013 and they were sentenced to imprisonment for two (02) years for the offence under Section 138 of the NI Act and directed to pay a sum of Rs.4,61,17,430/- by any one or all of them within one month from the date of the judgment.
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Dr.GRR, J crlrc_3513_2018
9. The accused preferred Criminal Appeal No.715 of 2013 and filed Cri.M.P.No.702 of 2013 before the court of Metropolitan Sessions Judge, Cyberabad, Rangareddy District seeking suspension of sentence during the pendency of the appeal. The appellate court vide Order dated 19.11.2013 allowed the said petition and suspended the sentence on the same terms and conditions imposed by the trial court and further directed the appellant-accused to deposit Rs.25,00,000/- in trial court on or before 18.01.2014. The accused persons without depositing the said amount filed Crl.M.P.No.33 of 2014, seeking extension of time. The time was extended up to 20th February, 2014.
10. Subsequently, the accused filed a petition for modification of the Order dated 20.01.2014 praying to receive the amount of Rs.25,00,000/- by way of Demand Draft and the said petition was allowed and the accused-convicts deposited Demand Draft for Rs.25,00,000/- before the trial court on 14.10.2014. Subsequently, the lower appellate court confirmed the sentence imposed by the trial court by dismissing the appeal in Criminal Appeal No.715 of 2013 vide judgment dated 10.04.2018.
11. Aggrieved by the said judgment of the appellate court, the convicts- accused preferred Criminal Revision Case No.1119 of 2018. They also filed I.A.No.1 of 2018 seeking suspension of sentence and to enlarge them on bail. This Court vide order dated 27.04.2018 suspended the sentence confirmed by the lower appellate court subject to the revision petitioners executing a personal 4 Dr.GRR, J crlrc_3513_2018 bond each for Rs.50,000/- with two (02) sureties for the like-sum. It was also ordered that the petitioners had to deposit a sum of Rs.1,75,00,000/- to the credit of C.C.No.368 of 2013 within a period of six (06) weeks from the date of the Order i.e., 27.04.2018, failing which the suspension order would stand revoked. The revision petitioners not deposited the said amount within the time stipulated by this Court. As such, they were committed to jail on execution of NBWs on 10.10.2018. Subsequently, I.A.No.5 of 2018 was filed by the complainant to permit him to withdraw the amount of Rs.25,00,000/- deposited by the respondent-accused in C.C.No.368 of 2013. The said petition was allowed by this Court on 01.10.2018 observing that:
"Heard the learned counsel for the petitioner-complainant and perused the record."
"This application is filed seeking permission of the Court to withdraw an amount of Rs.25,00,000/- deposited by the respondent-accused in C.C.No.368 of 2013 on the file of the I Special Magistrate, Kukatpally, Cyberabad District."
"Learned Counsel for the petitioner-complainant submits that an amount of Rs.25,00,000/- was deposited 15.02.2014 in C.C.No.368 of 2013 on the file of I Special Magistrate, Kukatpally, Cyberabad District, towards the amount".
"The subject dispute relates to the offence punishable under Section 138 of the Negotiable Instruments Act. The respondent-accused is avoiding the arrest. There is default on his part in depositing the fine amount in terms of the order of this Court."
"Without prejudice to the rights of the respondent-accused, the petitioner- complainant is permitted to withdraw an amount of Rs.25,00,000/-, without furnishing any security, deposited in C.C.No.368 of 2013 on the file of the learned I Special Magistrate, Kukatpally, Cyberabad District."5
Dr.GRR, J crlrc_3513_2018
12. The trial court observing that:
"Therefore the amount of Rs.25,00,000/- deposited is only a cash security amount as there were no sureties furnished while suspending the sentence by the appellate court, as they have not got the sentence suspended by this Court by furnishing any sureties at the time of their conviction before this Court on 11.11.2013."
"In view of the foregoing discussion and the perusal of the record and the contents of the affidavit filed by the petitioner in this petition, it shows that the amount of Rs.25,00,000/- deposited in this Court is neither compensation amount nor any fine amount and it is only a cash security amount deposited by the respondents as per the orders of the appellate court by its Order dated 19.11.2013 while suspending the sentence imposed by this Court on 11.11.2013. Therefore this Court is not inclined to permit the petitioner-complainant either to withdraw the said amount or to get transfer the same to the account of petitioner-complainant by RTGS in the absence of specific Orders of the Hon'ble High Court, or without getting no objection certificate from the respondent-accused to permit the petitioner- complainant to withdraw the same without causing any prejudice to the respondent-accused and without furnishing any surety."
and dismissed the petition.
13. The observation of the trial court, that the said amount of Rs.25,00,000/- was deposited as cash security and asking the complainants to get 'No Objection Certificate' from the respondent-accused, to permit the complainants to withdraw the said amount is exceeding the jurisdiction vested in it and in defiance of the Orders of this Court, where the complainants were permitted to withdraw the said amount of Rs.25,00,000/- without furnishing any security. The conclusions drawn by the court below are highly irregular and in violation of the Orders of this Court. Hence, the same are liable to be set aside and need to be corrected by allowing the revision.
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Dr.GRR, J crlrc_3513_2018
14. In the result, the Criminal Revision Case is allowed setting aside the Order dated 23.11.2018 in Crl.M.P.No.1106 of 2018 in C.C.No.368 of 2013 on the file of Special Magistrate Court No.1, Kukatpally directing the court below to permit the petitioner to receive the amount of Rs.25,00,000/- as directed by this Court in I.A.No.5 of 2018 in Crl.R.C.No.1119 of 2018, dated 01.10.2018.
Miscellaneous applications pending, if any, shall stand closed.
____________________ Dr. G.RADHA RANI, J 29th November, 2022 nsk.