Andhra Pradesh High Court - Amravati
Vandranapu Siva Parvathi, vs The State on 25 August, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE NO.: Crl.R.C.No.230 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
3. 25.08.2021 LK,J
Crl.R.C.No.230 of 2021
The criminal revision case is filed assailing the
order dated 11.01.2021 passed in Crl.M.P.No.1 of
2021 in Crl.Appeal No.1 of 2021 on the file of learned
V Additional Metropolitan Sessions Judge, Vijayawada
wherein while suspending the sentence imposed in
judgment dated 18.12.2020 passed in C.C.No.376 of
2016 on the file of V Additional Chief Metropolitan
Magistrate, Vijayawada has imposed a condition of the
petitioner depositing 20% of the cheque amount
within 60 days from the date of the said order.
I.A.Nos.2 and 3 are filed seeking suspension of
order dated 11.01.2021 passed in Crl.M.P.No.1 of
2021 in Crl.Appeal No.1 of 2021 and to grant stay on
arrest warrant dated 12.03.2021, resepctively.
Ealier this Court by order dated 09.04.2021 has
passed the following interim orders in the above said
interlocutory applications:
" I.A.No.2 of 2021: There shall be an order of
interim suspension of the sentence imposed by
the courts below subject to condition that the
petitioner depositing 20% of the cheque amount
within four weeks from today pending further
orders.
I.A.No.3 of 2021: There shall be interim stay
as prayed for pending further orders. In default
of payment of 20% of the cheque amount, as
ordered in I.A.No.2 of 2021, the interim stay
granted by this court in this IA is deemed to
have been cancelled."
Heard.
Learned counsel for the petitioner submits that
subsequent to the numbering of the criminal appeal,
the complainant died and steps have to be taken to
bring legal heirs of the complainant on record.
Learned counsel submits that as per Section
148 of the N.I. Act, appellate Court may direct the
appellant to deposit such amount, which shall be a
minimum of 20% of the fine or compensation awarded
by the trial Court, but not the cheque amount. He
submits that in this case, the trial Court has
convicted the petitioner for the offence punishable
under Section 138 of the N.I.Act and sentenced her to
undergo rigorous imprisonment for a period of one
year and also to pay a fine of Rs.10,000/-. He submits
that as no compensation or fine was awarded by the
trial Court the appellate Court ought not to have
directed the petitioner to deposit 20% of the cheque
amount.
In view of the language employed under Section
148 of the N.I. Act and to meet the interest of justice,
sentence of imprisonment imposed against the
petitioner/accused in judgment dated 18.12.2020
passed in C.C.No.376 of 2016 on the file of learned V
Additional Chief Metropolitan Magistrate, Vijayawada,
alone is suspended, pending the criminal revision
case, on condition of petitioner surrenderring before
learned V Additional Chief Metropolitan Magistrate,
Vijayawada and on such surrender, the petitioner
shall be released on bail on the same day on her
executing a bond for a sum of Rs.20,000/- (Rupees
twenty thousand only) with two sureties each for a
likesum to the satisfaction of learned V Additional
Chief Metropolitan Magistrate, Vijayawada.
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LK, J
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