Vadavalli Anand Kumar vs The State Of Andhra Pradesh
2022 Latest Caselaw 9704 AP

Citation : 2022 Latest Caselaw 9704 AP
Judgement Date : 16 December, 2022

Andhra Pradesh High Court - Amravati

Vadavalli Anand Kumar vs The State Of Andhra Pradesh on 16 December, 2022

      THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY

           Criminal Revision Case No.1156 OF 2022

ORDER:

This Criminal Revision Case is preferred against the order

dated 14.10.2022, passed in Crl.M.P.No.858 of 2022 in Criminal

Appeal No.201 of 2022 on the file of the Court of the Special Judge

for Trial of Cases under SCs and STs (POA) Act-cum-VIII

Additional District and Sessions Judge, West Godavari, Eluru.

2. The petitioner is accused in C.C.No.33 of 2016 on the file of

the Special Judicial Magistrate of I Class (Mobile)-cum-III

Additional Junior Civil Judge Court, Eluru. Vide judgment dated

16.09.2022 in the said Calendar Case, he was convicted of the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881 and sentenced to undergo Simple

Imprisonment for one year and also to pay fine of Rs.12,00,000/-

and the total fine amount is directed to pay towards compensation

under Section 357 Cr.P.C. to the complainant and in default of

payment of fine to suffer simple imprisonment for a period of three

months. Aggrieved by the same, the petitioner preferred Criminal

Appeal No.201 of 2022 on the file of the Court of the Special Judge

for Trial of Cases under SCs and STs (POA) Act-cum-VIII

Additional District and Sessions Judge, West Godavari, Eluru, and

also filed Crl.M.P.No.858 of 2022 therein seeking to suspend the

sentence and fine amount imposed by the trial Court. The

appellate Court, vide impugned order dated 14.10.2022,

suspended the operation of sentence on the following conditions;

i) The suspension of sentence as is being ordered by this Court now shall be suspended only on the condition of depositing of 20% of the cheque amount (Rs.8,00,000/-is the cheque amount and 20% out of it would come to Rs.1,60,000/-) i.e., Rs.1,60,000/- with the learned Special Judicial Magistrate of I Class (Mobile) cum-II Additional Junior civil Judge, Eluru within a period of 60 days from the date of this order.

ii) On such deposit, the Ld Magistrate is directed to deposit the 20% of the cheque amount in FDR in any Nationalised Bank till further orders.

iii) In any event, if the Petitioner/Appellant/Accused failed to deposit 20% of the cheque amount as ordered by this Court within 60 days from the date of this order, this petition stands dismissed and the operation of the sentence imposed by the learned Magistrate shall continued and

iv) After 60 days from this date in the event of non-payment of 20% of the cheque amount, the trial Court is directed to issue NBW against the Petitioner/Appellant/Accused, secure his presence and see that the sentence imposed by it is served" .

3. Against the said order, the present revision case has been filed

by the petitioner on several grounds which are mostly on merits in

the appeal and on the ground that the petitioner had already paid

5% of the cheque amount at the time of recalling of Non-bailable

warrant was issued against him by the trial Court.

4. Learned counsel for the petitioner at the time of hearing

submitted that the petitioner is not in a position to comply with

the said condition of depositing 20% of the cheque amount and in

view of the fact that he had already paid 5% of the cheque amount

he may be directed to pay the balance of 15% of the cheque

amount.

5. Though the impugned order was passed in October, 2022,