Nandyala Venkateswarlu, vs Inabathina Venkaiah,
2022 Latest Caselaw 1663 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       MAIN CASE No.: Crl.R.C.No.244 of 2022

                                 PROCEEDING SHEET

Sl.                                                                            Office
        DATE                                ORDER
No                                                                             Note

2.    07.04.2022   CMR, J


                   8
                                    Crl.R.C. No.244 of 2022

                          Admit.

                          Notice.

                          Post the matter after Summer Vacation, 2022.


                                                                  ________
                                                                   CMR, J

                                        I.A.No.1 of 2022

                           The petitioner is the sole accused in C.C.No.221
                   of 2016 on the file of the learned Judicial Magistrate of
                   First Class, Special Mobile Court, Ongole. He was tried
                   for the offence punishable under Section 138 of the
                   Negotiable Instruments Act, 1881 and he was found
                   guilty and he was convicted and sentenced to undergo
                   rigorous imprisonment for a period of one year and to
                   pay a fine of Rs.10,000/-and in default of payment of
                   fine to undergo simple imprisonment for a period of
                   three months.

                          Appeal preferred against the said judgment of
                   conviction in Criminal Appeal No.85 of 2019 on the file
                   of the learned I Additional District and Sessions Judge,
                   Ongole, came to be dismissed by the impugned order
                   confirming the said judgment of conviction. However,
                   sentence is altered from one year imprisonment to
 payment of fine of Rs.4,00,000/- i.e., double the cheque
amount and in default of payment of fine amount to
undergo simple imprisonment for a period of six
months.

       Aggrieved thereby, the present Criminal Revision
Case is preferred by the petitioner.

       The fine amount of Rs.10,000/- was already paid
by the petitioner in the trial Court. In the said facts and
circumstances of the case, the execution of the sentence
of directing him to pay fine of Rs.4,00,000/- i.e., double
the cheque amount is hereby ordered to be suspended
till the disposal of this Criminal Revision Case on
condition that the petitioner shall deposit 20% of the
cheque amount before the trial Court on or before
25.04.2022

failing which the above order of suspending the execution of sentence stands vacated without any further reference to this Court.

________ CMR, J Note: Issue CC by 08.04.2022 B/o AKN