M/S. Vijaya Durga Minerals, vs The State Of Andhra Pradesh
2021 Latest Caselaw 1525 AP

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI::

MONDAY , THE FIFTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE

 

:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

CRIMINAL PETITION NO: 1454 OF 2021

Between:
1. M/s Vijaya Durga Minerals, Rep. by its Proprietor, G.\V.Ramana Reddy,
aged about 64 years, R/o H. No.46/153, Budhawarpet, Kurnool.
2. G.V. Ramana Reddy, S/o G. Rami Reddy, aged about 64 years,
R/o H. No.46/153, Budhawarpet, Kurnool.
Petitioner/Accused No.2
AND

1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High court of
Andhra Pradesh, Amaravathi, Guntur.
2. K. Prakash Reddy, S/o, Venugopal Reddy, aged about 67 years,
R/o D.No. 62/7, Port, Kurnool.
Respondents

Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memorandum of grounds filed in support of the Criminal Petition, the High
Court may be pleased to release the petitioner on bail pending Criminal Appeal No. 58
of 2020 on the file of IV Addl. district and Sessions Judge, Kurnol, Kurnool District.

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the arguments of Sri
D. Kodandarami Reddy, Advocate for the Petitioners and of Public Prosecutor for the

Respondents, and the Court made the following.

ORDER

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 1454 OF 2021 ORDER:-

This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular bail to the petitioner/ A-2 who is convicted in Criminal Appeal No.58 of 2020, on the file of IV Additional District and Sessions

Judge, Kurnool.

2. The case of the prosecution is that the petitioner who is A-2 in C.C.No.202 of 2017 on the file of the Court of First Additional Judicial Magistrate of First Class, Kurnool and is found guilty for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay fine of Rs.4,00,000/- in default of payment of fine, he shall undergo simple imprisonment for two months. The entire amount of fine is ordered to be given as compensation as per Section 357(1) Cr.P.C. The learned Magistrate in Crl.M.P.No.164 of 2020, dated 07.09.2020 suspended the sentence for a period of one month to prefer appeal. Assailing the said judgment, the petitioners preferred Crl.A.No.58 of 2020 on the file of IV Additional District and Sessions Judge, Kurnool and moved an application in Crl.M.P.No.18 of 2020 and the Court below by order dated 05.10.2020 allowed the petition and suspended the sentence till disposal of the appeal on payment of 20% of fine amount within one month and also furnishing a bond of Rs.10,000/- with

two sureties for a likesum to the satisfaction of the Court of

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Judicial Magistrate of First Class, Kurnool. As the petitioner could

not pay the amount, he was remanded on 23.1 1.2020

3. Heard Sri D.Kodanda Rami Reddy, learned counsel for the

petitioners and the learned Additional Public Prosecutor for the

respondent-State.

4, Learned counsel for the petitioner submits that in view of COVID-19 pandemic, he could not pay the fine amount as such he surrendered before the Court below and remanded to judicial custody. It is submitted that the punishment imposed is six months and he is languishing in jail from the last three months. He further submits that now the petitioner is ready to pay the fine

amount as such, his case may be considered.

7. Accordingly, the Criminal Petition is allowed on the condition that the petitioner/Accused shall pay 20% of fine amount within one month and also on furnishing bond for Rs.10,000/- with two sureties for the like sum to the satisfaction of the Judicial

Magistrate of First Class, Kurnool.

Consequently, miscellaneous applications pending, if any,

shall stand closed. a

Sd/-T.Madhavi IITTRUE COPY!/ ASSISTANT R

Eor SECTION'

The Judicial Magistrate of First Class, Kurnool. The IV Additional District & Sessions Judge, Kurnool The Superintendent, District Jail, Kurnool.

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ASTRAR

""FICER

K. Prakash Reddy, S/o, Venugopal Reddy, R/o D.No. 62/7, Port, Kurnool.(by

RPAD Two ee to Public Prosecutor, High Court of A.P. at Amaravati (OUT)

One CC to Sri D. Kodandarami Reddy, Advocate [OPUC] One spare copy

HIGH COURT

LKJ

DATED:15/03/2021

ORDER

CRLP.No.1454 of 2021

ALLOWED