S.Venkatesh Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 3535 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                     MAIN CASE NO.: Crl.R.C.No.561 of 2021
                               PROCEEDING SHEET

Sl.                                                                          OFFICE
        Date                               ORDER
No.                                                                           NOTE

01    15.09.2021   LK,J
                                    Crl.R.C.No.561 of 2021

                          Admit.
                          Notice.
                          Learned Public Prosecutor takes notice on

                   behalf of 1st respondent-State.

Learned counsel for petitioner is permitted

to take out personal notice to the 2nd respondent

by RPAD and file proof of service.

_________ LK, J

I.A.No.1 of 2021

This petition is filed to dispense with filing

of certified copy of judgment in C.C.No.18 of 2017.

For the reasons stated in the affidavit filed

in support of the petition, filing of certified copy of

judgment in C.C.No.18 of 2017 is dispensed with

for the present.

_________ LK, J I.A.No.2 of 2021

Heard.

Learned counsel for petitioner submits that

in the appeal preferred by the accused, the first

appellate Court has remanded the matter to the

trial Court for fresh disposal on the following

grounds -

(1) There must be specific reasons apart from the statement of the accused accused with regard to

quantum of sentence to take lenient view in imposing lesser quantity of punishment. (2) There must be reasons for non-payment of fine amount to the complainant under Section 357 of Cr.P.C.

(3) There must be specific reasons for non-awarding of cheque amount as compensation to the complainant or awarding of double of the cheque amount as compensation and no reasons are necessary in awarding compensation equivalent to the cheque amount to the complainant.

(4) Permit both parties to advance their submissions on the abov aspects and dispose of the same.

He submits that when the complainant did

not prefer any appeal, remanding the case to the

trial Court to decide the above aspects is

unwarranted.

In view of the same, there shall be stay of all

further proceedings as prayed for until further

orders.

___________ LK, J PVD