Andhra Pradesh High Court - Amravati
Dr. K.V.S.S. Geetanand, vs The State Of Andhra Pradesh, on 20 July, 2021
Bench: Ramesh Ranganathan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE TWENTIETH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
iA No. 1 OF 2020
IN
CRLRC NO: 385 OF 2020
Between:
Dr. K.V.S.S. Geetanand, S/O.K.N.Murthy, (Late), D.No- 43-29-37, Dondaparthi, ~~
Visakhapatnam.
..Petitloner
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, Honourable High
Court of Judicature at Amaravathi, for the State of Andhra Pradesh.
2. Smt. Kandukurl, Sitamahalaxmi, W/o. K. Butchi, Mallikeswara Raa, D.No- 7-11-
9/1, Near Pantulugarimeda, Old Gajuwaka, Visakhapatnam.
. .Respondenti/Complainant
Counsel for the Petitioner - Sri RAYAPATI SAMUEL JOHN DHARMA RAJU
Counsel for the Respondents: PUBLIC PROSECUTOR
Petition under Section 389 (1) of Cr.P.C praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to suspend
the Judgment dt. 20-03-2020 passed in CRL.A.NO- 252 OF 2017 on the file of the IV
Addl. Metropolitan Sessions Judge, Visakhpatnam, At Gajuwaka confirming the
judgment dt. 08.05.2017 passed in C.C.No.24/2012 on the file of the Judicial Magistrate
of the Il] Addi. Chief Metropolitan Magistrate, at Gajuwaka in Visakhaptanam i.e.,
"Accused found guilty of the offence punishable under section 138 of NI Act and is
accordingly convicted under section 255(2) Cr.P.C. Accused is sentenced to pay a fine
of Rs. 16,00,000/- (Rupees Sixteen Lakhs Only) in default to suffer simple imprisonment
for a period of six months for the offence punishable under section 138 of Negotiable
Instruments Act., pending disposal of CRLRC No. 385 of 2020, 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 imposed against the petitioner/accused in
judgment dated 20-03-2020 passed in Criminal Appeal No.252 of 2017 by the
learned IV Additional Metropolitan Sessions Judge, Visakhaptnam at Gajuwaka,
confirming the conviction and sentence passed in judgment dated 08-05-2017 in
C.C.No.24 of 2012 by the learned Ill Additional Chief Metropolitan Magistrate,
Visakhapatnam at Gajuwaka, alone is suspended pending the criminal revision
case on condition of petitioner surrenderring before the learned Hi Additional
Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka and on such
surrender, the petitioner shall be released on bail on the same day on his
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 the learned Ill Additional
Metropolitan Magistrate, Visakhaptnam at Gajuwaka
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The petitioner shall also deposit an amount of Rs.3,00,000/ - (Rupees three
lakhs only) before the Court below within four weeks from the date of this order."
To
1.
wh
Om
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Sd/-T. MADHAV!
ASSISTANT REGISTRAR
HTRUE COPY
For ASSISTANT REGISTRAR
The IV Additional Metropolitan Sessions Judge, Visakhaptnam at Gajuwaka.
The il Additional Chief Metropolitan Magistrate, Vishakhapatnam at Gajuwaka
Smt. Kandukuri, Sitamahalaxmi, W/o. K. Butchi. Mallikeswara Rao, D.No- 7-11-
9/1, Near Pantulugarimeda, Old Gajuwaka, Visakhapatnam( By RPAD)
One CC to Sri. Rayapati Samuel John Dharma Raju Advocate [OPUC]
Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT]
One spare copy
HIGH COURT
LKJ
DATED:20/07/2021
POST ON 17-08-2021
ORDER
IA No. 1 OF 2020
iN |
CRLRC NO: 385 OF 2020
DIRECTION
