E.Lokanadaha Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 2087 AP

Citation : 2023 Latest Caselaw 2087 AP
Judgement Date : 19 April, 2023

Andhra Pradesh High Court - Amravati

E.Lokanadaha Reddy vs The State Of Andhra Pradesh on 19 April, 2023

          THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI

                Criminal Petition No.1757 of 2023

ORDER:

This criminal petition is filed aggrieved by the docket order,

dated 21.02.2023, passed in a petition filed under Section 148(2) of

the Negotiable Instruments Act, 1881, vide C.F.No.59 in Criminal

Appeal No.11 of 2023 on the file of the Court of IV Additional

District Judge, Tirupati.

2. The facts, briefly stated, are as follows:

(a) In a private complaint filed by the 2nd respondent/complainant

under Section 200 CrPC before the Court of VI Additional Junior Civil

Judge, Tirupati, the petitioner/accused was convicted under Section

255(2) CrPC for the offence under Section 138 of the Negotiable

Instruments Act, 1881 ("N.I.Act") and was sentenced to pay a fine

of Rs.6,50,000/- within one month and, in default, to undergo

simple imprisonment for a period of one year. The trial Court

further ordered that out of the fine amount of Rs.6,50,000/-, the

complainant be given the compensation amount of Rs.6,35,000/-

under Section 357(1) CrPC and the rest of Rs.15,000/- shall be

remitted to the State after expiry of appeal time.

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(b) Aggrieved by the above judgment of conviction, the

petitioner/accused preferred Criminal Appeal No.11 of 2023 on the

file of the Court of IV Additional District Judge, Tirupati, along with

an application under Section 389(1) CrPC read with Section 148(2)

of the N.I.Act, seeking the following relief:

"..It is therefore prayed that the Hon'ble Court may be pleased to exempt/suspend to pay the fine amount till the disposal of the appeal, which is passed by the Hon'ble Judge in C.C.No.77 of 2022 on the file of VI Additional Junior Civil Judge, Tirupati, dt.11.01.2023, and pass necessary orders in the interests of justice."

application, on 01.02.2023, with the following objection.

"Correct provision of law should be mentioned"

(d) Thereafter, on 03.02.2023, on re-submission, it was again

returned with the following endorsement.

"Previous objection is not complied"

(e) On 15.02.2023, the office of the appellate Court returned the

same with the following endorsement.

"Previous objection, dt.01.02.2023 is not complied"

BSB, J Crl. P No.1757 of 2023

3. The petition was again re-submitted on 17.02.2023 and was

returned, vide docket order, dated 21.02.2023, with the following

observation:

"Having placed reliance on the judgment of the Hon'ble Apex Court in the case of Surinder Singh Deswal @ Colonel S.S.Dewal, His Lordship Justice Manavendranath Roy garu held in Sanapatla Taviti Naidu v. Gundu Veera Swamy on 30.04.2022 that appellate Court has no discretion to dispense with mandate under Section 148(2) of N.I.Act. Therefore, in the light of judgment of A.P High Court, the judgment of Rajasthan High Court cannot be considered."

4. Now, the present criminal petition is filed under Section 482

CrPC seeking to suspend the operation of the order/judgment

passed by the Hon'ble VI Additional Junior Civil Judge, Tirupati, to

pay the fine amount till the disposal of the appeal.

5. At this juncture, it is apt to refer Section 148 of the N.I.Act

which reads as under:

"148. Power of Appellate Court to order payment pending appeal against conviction.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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.

Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under Section 143A.

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(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.

(3) xx xx xxx."

6. During the course of hearing, learned counsel for the

petitioner submitted that the petitioner is ready to comply the

mandate of Section 148(1) of the N.I.Act by depositing 20% of the

fine amount of Rs.6,50,000/- provided the same is directed by the

appellate Court.

7. Since the petitioner is now ready to comply with Section

148(1) of the N.I.Act, he is given liberty to re-present the petition

before the appellate Court undertaking to comply the mandate of

Section 148(1) of the N.I.Act as per the order of the appellate

Court, and thereafter, the appellate Court is directed to hear and

dispose of the same in accordance with law.