Magistrate Of First Class vs M.G.Ramamurthy Reddy
2022 Latest Caselaw 4032 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No: Crl.R.C.No.1978 of 2018

                              PROCEEDING SHEET

Sl.                                                                          OFFICE
No.     DATE                                ORDER                             NOTE


04    15.07.2022   SRS,J
                                    I.A.No.4 of 2018

                         This petition is filed by 1st respondent

seeking to vacate the interim order dated

25.07.2018 granted by this Court in I.A.Nos.2

and 3 of 2018.

The above revision is filed against the

judgment dated 10.07.2018 in Crl.A.No.132 of

2017 on the file of IX Additional District and

Sessions Judge, Chittoor, modifying the

calendar and judgment dated 27.03.2017 in

C.C.No.168 of 2017 on the file of Judicial

Magistrate of First Class, Special Mobile

Court, Chittoor.

Learned Magistrate convicted the revision

petitioner for the offence under Section 138

r/w 142 of Negotiable Instruments Act, 1881

and sentenced him to undergo simple

imprisonment for a period of six months and

to pay compensation of Rs.3,00,000/- to the

complainant, in default to undergo simple

imprisonment for two months. Learned

Sessions Judge dismissed Crl.A.No.132 of

2017 while reducing the compensation

awarded by the trial Court from Rs.3,00,000/-

to Rs.1,65,000/-.

This Court by order dated 25.07.2018 in

I.A.Nos.2 and 3 of 2018 suspended the

sentence of imprisonment as well as payment

of compensation.

Heard Sri D.Purnachandra Reddy, learned

counsel for revision petitioner, Sri

M.G.Ramamurthy Reddy, learned counsel for

1st respondent and Sri S.V.Sainadh, learned

Special Assistant Public Prosecutor for State.

Section 148 of the N.I.Act, which came

into effect by Act 20 of 2018, from 01.09.2018,

envisages that in an appeal by the drawer

against conviction under section 138, the

Appellate Court may order the appellant to

deposit such sum which shall be a minimum

of twenty percent of the fine or compensation

awarded by the trial Court.

In view of the same, the revision petition

is directed to deposit twenty percent of the

compensation amount before the trial Court,

as directed by the learned Sessions Judge

within eight weeks from today. On such

deposit, 1st respondent is permitted to

withdraw the same.

Interim order granted earlier is made

absolute. In case, the revision petitioner fails

to deposit the amount as indicated above, the

interim order shall stands cancelled without

any further reference to this Court.

__________ SRS,J Crl.R.C.No.1978 of 2018

Post in usual course.

__________ SRS,J PVD