Satti Suryanarayana Reddy vs Bopanna Venkata Ramanamurthy And ...
2022 Latest Caselaw 430 AP

Citation : 2022 Latest Caselaw 430 AP
Judgement Date : 28 January, 2022

Andhra Pradesh High Court - Amravati

Satti Suryanarayana Reddy vs Bopanna Venkata Ramanamurthy And ... on 28 January, 2022

Bench: Ravi Nath Tilhari

               HIGH COURT OF ANDHRA PRADESH
                   MAIN CASE No: Crl.R.C.No.182 OF 2006
                                   PROCEEDING SHEET
Sl.                                                                                OFFICE
      DATE         ORDER
No                                                                                 NOTE.
                   RNT,J
8.    28.01.2022                         (through virtual mode)

                            No representation from the petitioner's side.
                            As per the office report, dated 16.12.2021, notice
                   issued     to   the   petitioner,   returned    unserved   on
                   06.12.2021, as addressee vacated the said house.
                            Heard Ms. M.Manikya Veena, learned counsel for
                   the respondent No.1/accused/convict.

The I Additional Chief Metropolitan Magistrate, Visakhapatnam convicted the accused/respondent No.1 under Section 138 of the Negotiable Instruments Act (for short "N.I. Act") and imposed the sentence to pay a fine of Rs.5,000/- and in default Simple imprisonment for three (03) months and if fine amount is paid, a sum of Rs.2,500/- out of fine amount, shall be paid to the complainant towards compensation. The accused is further sentenced to pay a sum of Rs.1,000/- to the complainant towards costs under Section 359 Cr.P.C. and in default Simple imprisonment for 15 days.

The present revision has been filed by the complainant challenging the said judgment only to the extent of imposition of sentence on the ground that the imposition of fine only and that too of Rs.5,000/- is not a sound exercise of Judicial discretion under Section 138, when the cheque amount was Rs.50,000/-.

Ms. M.Manikya Veena requests for adjournment to place some judgment on the point on the next date.

List on 04.02.2022. When the case is next listed, the name of Sri K.V.Simhadri since he has been designated as a Senior Advocate shall not be printed.

________ RNT,J Scs