K.Satyanarayana vs State Of Ap
2021 Latest Caselaw 3986 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                    MAIN CASE NO.: Crl.R.C.No.627 of 2019
                               PROCEEDING SHEET

Sl.      Date                              ORDER                               OFFICE
No.                                                                             NOTE

7.    07.10.2021   LK,J


                                       I.A.No.2 of 2019

                           The present interlocutory application is filed
                   seeking relaxation of condition imposed by this Court
                   by order dated 14.06.2019 in I.A.No.1 of 2019 to the
                   extent of directing the petitioner to deposit 50% of
                   cheque amount.

                           Earlier petitioner has filed I.A.No.1 of 2019
                   seeking suspension of sentence and this Court by
                   order    dated   14.06.2019      has   granted    interim
                   suspension of sentence of imprisonment only till
                   disposal of the main revision case on condition of the
                   petitioner depositing 50% of the cheque amount
                   within six weeks from the date of order. On such
                   deposit, respondent No.2 was at liberty to withdraw

the same without furnishing any security.

Heard.

Learned counsel for petitioner submits that the petitioner has made sincere efforts, but he could not secure 50% of the cheque amount which comes to Rs.7,50,000/-. He further submits that even as per the provisions of N.I. Act, 20% of the amount is to be deposited in cases where compensation is granted.

Taking into consideration the financial capacity of the petitioner the condition of depositing 50% of cheque amount is modified and the sentence of imprisonment against the petitioner/accused in judgment dated 04.06.2019 in Criminal Appeal No.501 of 2016 on the file of learned VII Additional Sessiosn Judge, West Godavari Division, Eluru which was imposed in judgment dated 04.11.2016 in C.C.No.168 of 2014 on the file of learned Judicial Magistrate of First Class, Special Mobile Court, Eluru, West Godavari District, alone is suspended pending the criminal revision case on condition of petitioner surrenderring before Judicial Magistrate of First Class, Special Mobile Court, Eluru, West Godavari District and on such surrender, 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 Judicial Magistrate of First Class, Special Mobile Court, Eluru, West Godavari District.

Petitioner shall deposit 20% of the cheque amount before the trial Court within four weeks from today and on such deposit, respondent No.2 is at liberty to withdraw the same without furnishing any security.

_______ LK, J ikn