Andhra Pradesh High Court - Amravati
Makireddy Bhaskara Ganesh Babu vs Karri Sambasiva Reddy on 27 June, 2022
THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
CRIMINAL REVISION CASE NO. 427 OF 2022
ORDER:-
This Criminal Revision Case has been filed against the order
dated 08.04.2022 in Crl.M.P.No.65 of 2022 in Criminal Appeal
No.58 of 2022 on the file of the V Additional District and Sessions
Judge, Rajamahendravaram.
2. Vide judgment dated 16.03.2022 in C.C. No.17 of 2017
on the file of the Judicial Magistrate of First Class, Anaparthi, the
petitioner herein was convicted of the offence punishable under
Section 138 read with 142 of the Negotiable Instruments Act,
1881 and sentenced to undergo simple imprisonment for a period
of one year and to pay the cheque amount towards compensation
to 1st respondent/complainant in default to suffer simple
imprisonment for a period of two months. Against the said
judgment, the petitioner preferred Criminal Appeal No.58 of 2022
on the file of the V Additional District and Sessions Judge,
Rajamahendravaram and filed Crl.M.P. No.65 of 2022 in the said
appeal under Section 389 (1) Cr.P.C. seeking suspension of
sentence of imprisonment imposed by the trial Court. The
appellate Court, vide impugned order dated 08.04.2022, allowed
the said petition suspending the substantive period of sentence of
imprisonment imposed by the trial Court pending disposal of the
Criminal Appeal on the same terms and conditions imposed by the
trial Court while passing order suspending the sentence passed by
it, and further directed the petitioner to deposit an amount of
Rs.1,20,000/-, being 20% of the compensation amount of
Rs.6,00,000/-, before the trial Court within 60 days from the said
date, by observing that in the event of failure to do so, bail shall
stand cancelled. Challenging the said order, the present Criminal
Revision Case is preferred.
3. Heard. Perused the material on record.
4. Learned counsel for the petitioner submits that the
petitioner is not in a position to pay the compensation as ordered
by the Court below and hence the condition is onerous.
5. Having regard to the facts and circumstances of the
case and considering the submissions of the learned counsel for
the petitioner, the Criminal Revision Case is disposed of,
modifying the impugned order, and the sentence imposed against
the petitioner in the judgment dated 16.03.2022 in C.C. No.17 of
2017 on the file of the Judicial Magistrate of First Class,
Anaparthi stands suspended pending disposal of Criminal Appeal
No.58 of 2022 on the file of the V Additional District and Sessions
Judge, Rajamahendravaram, on condition of petitioner executing
a personal bond for a sum of Rs.10,000/- (Rupees ten thousand
only) with two sureties for the like sum each, to the satisfaction of
the Judicial Magistrate of First Class, Anaparthi.
Miscellaneous Petitions, if any, pending in this Criminal
Revision Case, shall stand closed.
___________________________________
JUSTICE K. SREENIVASA REDDY
Date: 27.06.2022.
Rmn
THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
Crl.P.No.4843 of 2019
Date: 27.06.2022
Rmn
