Telangana High Court
T. Vijay Kumar vs The State Of Telangana on 14 February, 2024
1
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.636 OF 2019
O R D E R:
The present Criminal Revision Case is filed aggrieved by the vide judgment dated 13.03.2019 in Criminal Appeal No.915 of 2016 on the file of the learned XV Additional Sessions Judge, Ranga Reddy District, at Kukatpally (for short, "the appellate Court") in confirming the judgment dated 27.10.2016 in C.C.No.250 of 2016 on the file of the learned Special Magistrate Court No.I, Cyberabad, at Kukatpally (for short, "the trial Court").
2. Heard Mr. S. M. Rafee, learned counsel for the petitioner, Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for the respondent No.1 State and Mr. G.M. Ravi Kumar, learned counsel for respondent No.2.
3. The brief facts of case are that the petitioner/accused and respondent No.2/complainant were known to each other. Out of such acquaintance, the complainant and the accused started the business of Non-Surgical Slimming and Cosmetic Clinic under the name and style of M/s. Vreshape at shop No.18-78/A, first floor, V.V. Complex, Chaintanyapuri cross road, Dilsuknagar, 2 Hyderabad by executing a rental agreement in the name of complainant with the land lords of the said business premises.
4. Whileso, disputes cropped up between the complainant and the accused with regard to the said business and the complainant expressed his inability to continue the said business. Both the parties settled the matter between themselves. As part of full and final settlement, the accused agreed to pay a sum of Rs.6,00,000/- to the complainant in four installments within six months to one year from the date of the MOU and thereupon, the complainant would relinquish the said business w.e.f. 16.04.2014. After completion of six months, the complainant requested the accused to pay the said amount.
5. On repeated requests, the accused issued a cheque bearing No.016980 dated 19.12.2015 for a sum of Rs.6,00,000/- drawn on Axis Bank Limited, Serilingampally Branch in favour of the complainant in discharge of the legally enforceable debt. On presentation, the said cheque was dishonoured with an endorsement "account closed". Therefore, the complainant issued legal notice dated 30.12.2015 calling upon the accused to repay the cheque amount. But the accused neither replied the same nor paid the money. Hence, the accused was alleged to have 3 committed the offence punishable under Section 138 of the Negotiable Instruments Act (for short, "NI Act").
6. The trial Court vide judgment dated 27.10.2016 in C.C.No.250 of 2016 sentenced the petitioner to undergo simple imprisonment for three months and pay compensation of Rs.6,00,000/- to the complainant with simple interest @ 9% per annum from the date of the judgment till payment of the said compensation amount to the complainant, in default, to suffer simple imprisonment for three months. Aggrieved thereby, the petitioner preferred an appeal.
7. The appellate Court vide judgment dated 13.03.2019 in Criminal Appeal No.915 of 2016 dismissed the appeal confirming the judgment passed by the trial Court. Assailing the same, the present Revision.
8. During the course of hearing, learned counsel for the petitioner stated that the trial Court as well as the appellate Court failed to appreciate the evidence available on record in proper perspective and concurrently found the petitioner guilty for the offence punishable under Section.138 of NI Act. To substantiate his contention, learned counsel relied upon the decision passed by the High Court of Karnataka in the Mahaveer 4 Co-operative Bank Limited Vs. Shri Vittal, S/o. Mayappa Bagannavar, R/o. Kaparatti Village, Tq; Gokak, District; Belgaum 1 and seeks to set aside the impugned judgment.
9. Learned Assistant Public Prosecutor and learned counsel for respondent No.2 contended that respondent No.2 underwent severe mental agony by roaming around the trial Court as well as the appellate Court. Learned counsel submitted that both the Courts upon appreciating the oral and documentary evidence rightly passed the impugned judgments. But, as the matter is pending from the year 2019, learned counsel, sought to pass appropriate orders.
10. A perusal of the record shows that this Court vide order dated 24.06.2019 suspended the substantive sentence of imprisonment alone imposed against the petitioner subject to condition that the petitioner shall deposit a sum of Rs.1,00,000/- to the credit of the calendar case, within a period of six weeks from that day and ordered the petitioner to be released on bail on his executing a personal bond for a sum of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the trial Court. 1 Criminal Appeal No.1330 of 2007 dated 27.08.2012 5
11. Having regard to the submissions made by all the learned counsel and upon taking into consideration the decisions passed by the Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal 2, R. Vijayan Vs. Baby 3, S.R. Sunil & Company Vs. D. Srinivasavaradan 4, Mainuddin Abdul Sattar Shaikh Vs. Vijay D. Salvi 5 and Somnath Sarka Vs. Utpal Basu Mallick 6, this Court deems it fit and proper to direct the petitioner to deposit an amount of Rs.6,00,000/- with simple interest at 9% per annum to the credit of the trial Court, within a period of six months from the date of receipt of a copy of this order, while reducing the sentence imposed against the petitioner to the period of detention already undergone by him under Section 428 of Cr.P.C.
12. In default of payment of the said amount, the judgment dated 13.03.2019 in Criminal Appeal No.915 of 2016 on the file of the learned XV Additional Sessions Judge, Ranga Reddy District, at Kukatpally stands good in all respects.
13. Upon depositing the said amount, respondent No.2/ complainant is granted liberty to withdraw the same with immediate effect.
2 2010 (5) SCC 663 3 (2012) 1 SCC 260 4 (2014) 16 SCC 32 5 (2015) 9 SCC 622 6 2013 (16) SCC 465 6
14. With the above direction, the Criminal Revision Case stands disposed of.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 14.02.2024 ESP