Amsys Embedded Technologies Pvt ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 8097 AP

          HON'BLE SRI JUSTICE K. SREENIVASA REDDY

             Criminal Revision Case No.983 of 2022

Order:

        This Criminal Revision Case has been filed against the order

dated 27.09.2022 passed in Crl.MP No.268 of 2022 in Criminal Appeal

No.96 of 2022 by the learned III Additional District and Sessions

Judge, Kurnool at Nandyal.

2.      The second respondent herein filed a private complaint under

Section 200 Cr.P.C., against the petitioners herein for the offence

punishable under Section 138 read with 142 of the Negotiable

Instruments Act and the same was numbered as CC No.476 of 2014

on the file of the learned Special Magistrate, Nandyal. The learned

Judge, after full fledged trial, by judgment dated 01.09.2022, found

the petitioners herein guilty of the offence punishable under Section

138 of the Act, accordingly convicted them and sentenced to undergo

simple imprisonment for a period of one year each and also to pay a

fine of Rs.2,000/- each and in default of payment of fine they were

ordered to undergo simple imprisonment for a period of one month

each.

3. Aggrieved by the said judgment, the petitioners herein

preferred Criminal Appeal No.96 of 2022 before the III Additional

District and Sessions Judge, Kurnool at Nandyal, and in the said

appeal, the petitioners filed Crl.MP No.268 of 2022 seeking

suspension of operation of sentence imposed by the learned Special

Magistrate, Nandyal in CC No.476 of 2014, dated 01.09.2022. The

the learned III Additional Sessions Judge, by impugned order dated

27.09.2022, suspended the execution of sentence imposed by the

learned Special Magistrate, Nandyal in CC No.476 of 2014, dated

01.09.2022, on the same terms and conditions as imposed by the

learned Magistrate, on deposit of 20% of the cheque amount i.e.,

Rs.4,00,000/- before the learned Special Magistrate, Nandyal, as per

Section 148 of the Negotiable Instruments Act, by 29.09.2022.

Aggrieved by the said order, the petitioners filed the present Revision

Case.

4. Learned counsel for the petitioners contended that the second

petitioner being a woman is not in a position to deposit the huge sum

of 20% of the cheque amount and the said condition is onerous one.

5. Heard. Perused the record.

6. In view of the aforesaid facts and circumstances of the case

and since the cheque amount is about Rs.20,00,000/-, the impugned

order dated 27.09.2022 passed in Crl.MP No.268 of 2022 in Criminal

Appeal No.96 of 2022 by the learned III Additional District and

Sessions Judge, Kurnool at Nandyal, is modified as follows.

"The execution of sentence imposed by the learned Special

Magistrate, Nandyal in CC No.476 of 2014, dated 01.09.2022, is

suspended, on the same terms and conditions as imposed by the

learned Special Magistrate, Nandyal, on condition of the petitioners

herein depositing 15% of the cheque amount within a period of

twelve (12) weeks from today. In default of payment of the amount

as directed supra, this Order will not enure to the benefit of the

petitioners."

7. The Criminal Revision Case is, accordingly, disposed of.

8. As a sequel thereto, the miscellaneous petitions, if any,

pending in this Criminal Revision Case shall stand closed.

_____________________ K. SREENIVASA REDDY, J Dated:31.10.2022 Nsr

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Revision Case No.983 of 2022

Dated:31.10.2022 Nsr