Citation : 2021 Latest Caselaw 693 AP
Judgement Date : 8 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI _-- MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI_ / IA No. 1 OF 2021 IN CRLRC NO: 69 OF 2021 ~ Between: Adityayini Non-Woven Bags Manufacturing plant, Rep by its Proprietor BudidhaKanakaraju, S/o.Venkatarao, Hindu, Aged about 50 years, Door No. 5- 69, Saradanagar, 13" Street, Anakapalle-531001. ...Petitioner/Accused _ AND 1. M/s. Sri Laxmi Narasimha Financiers, Rep., by its Managing partner Sri V.V.R Jeevan Babu, D.No. 16-18, Main road, Old Gajuwaka, Vishakhapatnam -26. 2. The StateAndhra Pradesh, Represented by Public prosecutor, High Court of A.P.Amaravati ....Respondents/ Respondents __ Counsel for the Petitioner : P PHALGUNA RAO Counsel for the Respondents: a= Petition under Section 397 (1) CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of the judgment and sentence dated 27-02-2019 passed in C.C.No. 902/2015 on the file of the Court of Ill Addl. Chief Metropolitan Magistrate, Vishakapatnam at Gajuwaka, and the judgment, dated 20-01-2021 passed in Criminal Appeal No. 104/2019 on the file of the court of the IV Addl. Metropolitan Sessions Judge, Vishakhapatnam at Gajuwaka, i.e. confirming the same and to release the petitioner on Bail pending disposal of the CriRC and to pass Pending disposal of CRLRC No. 69 of 2021, on the file of the High Court. -- The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following _- ORDER:
"Heard.
The sentence of imprisonment against the petitioner/accused passed in Criminal Appeal No.104 of 2019 dated 20.01.2021 on the file of IV Additional Metropolitan Sessions Judge, Visakhapatnam at Gajuwaka confirming the judgment dated 27.02.2019 passed in C.C.No.902 of 2015 on the file of III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka alone is suspended. The petitioner/ accused shall be enlarged on bail on execution of self bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka. The petitioner shall deposit an amount of Rs.2,00,000/-
(Rupees two lakhs only) before the trial Court within four weeks from the
date of this order.' Sd/-M.RameshBabu . ASSISTANT, REGISTRAR IITTRUE COPY// SECTION ICER To,
1. The Ill Addi. Chief Metropolitan Magistrate, Vishakapatnam at Gajuwaka, --
2. The IV Addl. Metropolitan Sessions Judge, Vishakhapatnam at Gajuwaka-
3. The Managing partner Sri V.V.R Jeevan Babu, M/s. Sri Laxmi Narasimha Financiers, D,No. 16-18, Main road, Old Gajuwaka, Vishakhapatnam -26._ 15Respondent/Complainant( By RPAD)
4. One CC to Sri. P Phalguna Rao Advocate [OPUC] ---
5. Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUH
6. One spare copy
pr --
Se
HIGH COURT
LKJ
DATED:08/02/2021
ORDER
IA No. 1 OF 2021 IN CRLRC NO: 69 OF 2021
SUSPENSION
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