Guttala Tata Venkatagiri vs The State Of Ap., Another
2022 Latest Caselaw 1365 AP

   THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

              CRIMINAL REVISION CASE No.57 of 2013

O R D E R:

This Criminal Revision Case is filed by the petitioner herein against

the judgment dated 10.12.2012 passed in Crl.A. No.211 of 2018 by the

learned XII Additional District and Sessions Judge (FTC), Vijayawada, who

confirmed the judgment passed in C.C. No.95 of 2008 dated 17.11.2008

by the learned IV Additional Chief Metropolitan Magistrate, Vijayawada.

2. The 2nd respondent herein filed C.C. No.95/2008 under

Section 138 of Negotiable Instruments Act, 1881 (for short "N.I.Act")

against the petitioner herein. The trial Court after considering the

evidence, found the accused guilty for the offence under Section 138 of

N.I Act and imposed simple imprisonment for one (01) year and also

sentenced to fine of Rs.5,000/- (Rupees five thousand only). In default

of payment of fine, the accused shall undergo Simple Imprisonment for

three (03) months. The fine amount was paid by the petitioner herein in

the trial Court.

3. Later on the appeal filed by the petitioner herein, the

learned Judge modified the sentence and set-aside the imprisonment

granted by the trial Court and sentenced to pay fine of Rs.75,000/-

(Rupees Seventy Five thousand only). In default of payment of fine, the

accused shall undergo simple imprisonment for a period of six (06)

months.

4. Aggrieved by the said order, the petitioner herein preferred

the present Criminal Revision Case before this Court and on 04.01.2013,

this Court granted interim suspension of the order dated 10.12.2012

passed in Crl.A.No.211 of 2008 on the file of XII Additional District Judge,

Fast Track Court, Vijayawada for a period of four (04) weeks and further,

it was extended for a period of two (02) weeks on 15.02.2013. Though

interim suspension was granted long back, the petitioner has not paid the

said amount as directed by the lower Court. Hence, this Court does not

intend to go into merits of the case as the petitioner has not complied

with the order passed by the lower Appellate Court.

5. For the reasons stated above, the Criminal Revision Case

shall stands dismissed.

6. Miscellaneous Petitions pending, if any, shall stand closed.

___________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 21.03.2022 knl

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CRIMINAL REVISION CASE No.57 of 2013

Date: 21.03.2022

knl