Sree Varalakshmi Silk House vs The State Of Andhra Pradesh
2022 Latest Caselaw 4388 AP

    HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

          MAIN CASE No.CRL.R.C.No.659 of 2021

                     PROCEEDING SHEET

Sl. DATE                             ORDER                            OFFICE
No.                                                                    NOTE
5.  21-07-2022 SRK, J
                             I.A.No.3 of 2021

                      This application is filed to vacate the
               order dated 23.10.2021 passed in I.A.No.2
               of 2021 in Crl.R.C.No.659 of 2021.

                      The Criminal Revision Case has
               been filed against the judgment dated
               11.10.2021 in Crl.A.No.2 of 2020 on the
               file of the Court of II Additional Sessions
               Judge,    Hindupur      in     confirming       the
               judgment dated 11.12.2019 in C.C.No.456
               of 2017 on the file of the Court of Special
               Magistrate, Hindupur.

                      Vide judgment dated 11.12.2019,
               the    learned   Magistrate       convicted     the
               accused for the offence under Section 138
               of the Negotiable Instruments Act and
               sentenced        to         undergo          simple
               imprisonment      for   a    period     of    six(6)
               months.      Further,       the   accused      was
               directed to pay compensation amount of
               Rs.9,44,475/-      towards        the    cheques
               amount.

                      Against the said conviction, the
               petitioner herein had preferred appeal in
               Crl.A.No.2 of 2020 on the file of the Court
               of II Additional Sessions Judge, Hindupur.
                   2




        By order, dated 11.10.2021, the
learned Sessions Judge dismissed the
appeal by confirming the conviction in
C.C.No.456 of 2017.

        Against the said dismissal of the
appeal, the petitioner has been filed this
Criminal Revision Case.

        On      23.10.2021,            this         Court
suspended        the     sentence       against       the
petitioner.       It is also stated that the
petitioner had already been deposited an
amount of Rs.2,50,000/-.

        Now,      learned       counsel       for     the
petitioner prays to vacate the interim
order     dated       23.10.2021        and      sought
permission       to     withdraw       the    amount,
which had already been deposited by the
1st respondent.

In view of the facts and circumstances of the case, this petition is allowed directing the petitioner to withdraw the said amount of Rs.2,50,000/-(Rupees two lakhs fifty thousand only), which had already been deposited by the 1st respondent.

_______ SRK,J CRL.R.C.No.659 of 2021 Post the matter for final hearing.

_______ SRK,J Note: Furnish C.C. by 25.07.2022 KLPD