Sessions Judge vs Unknown
2023 Latest Caselaw 3783 AP

         HON'BLE SRI JUSTICE K. SREENIVASA REDDY

                Criminal Petition No.5552 of 2023
Order:

      This Criminal Petition, under Section 482 Cr.P.C., has been filed

against the order dated 27.09.2022 in Crl.M.P.No.269 of 2022 in

Crl.A.No.97 of 2022 on the file of the learned III Additional District &

Sessions Judge, Kurnool at Nandyal.

2.    A private complaint has been filed as against the petitioner

herein for the offence punishable under Section 138 of the N.I.Act and

the same has been taken on file as C.C.No.55 of 2015 on the file of the

learned Special Magistrate, Nandyal.

3.    By judgment, dated 25.07.2022, the learned Magistrate found

the petitioner herein guilty of the offence punishable under Section 138

of the Negotiable Instruments Act, 1881 and accordingly convicted and

sentenced him to undergo Simple Imprisonment for a period of six (6)

months and also to pay a fine of Rs.1,000/-, in default of payment of

fine, to undergo Simple Imprisonment for a period of one month.

Against the said conviction and sentence, the petitioner herein filed

Criminal Appeal No.97 of 2022 on the file of the learned III Additional

District & Sessions Judge, Kurnool at Nandyal. Along with the Criminal

Appeal, the petitioner herein filed Criminal M.P.No.269 of 2022 seeking

for suspension of sentence.
                                     2



4.     By an order, dated 27.09.2022, the learned III Additional

District & Sessions Judge, allowed the petition suspending the

execution of sentence imposed by the learned Special Magistrate,

Nandyal in C.C.No.55 of 2015, on the same terms and conditions as

imposed by the learned Special Magistrate, Nandyal on deposit of 20%

of the cheque amount i.e., Rs.90,000/- before the learned Special

Magistrate, Nandyal, as per Section 148 of the N.I.Act, by 13.10.2022.

But, the petitioner failed to comply the condition within the stipulated

period. Since the order passed by the learned III Additional District

and Sessions has not been complied with, NBW was issued against the

petitioner herein and on execution of the same, he was arrested and is

languishing in jail.

5.     Learned counsel for the petitioner submits that the petitioner

herein undertakes that he would deposit the said amount within a

period of one week.     Because of execution of NBW, the petitioner

herein was arrested and languishing in jail.

6.     Considering the submission of the learned counsel for the

petitioner, the petitioner shall deposit the 20% of the cheque amount

within a period of one (1) week from the date of receipt of a copy of

this order. On such deposit, the learned appellate Court is directed to

order to release the petitioner on bail on such terms and conditions in

accordance with law.
                                      3



7.     Accordingly, with the above directions, the Criminal Petition is

disposed of.

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

in this Criminal Petition, shall stand closed.

                                             ________________________
                                             K. SREENIVASA REDDY, J.

Date:02.08.2023 Note:Issue CC by 03.08.2023. B/o ASR

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.5552 of 2023

Date:02.08.2023

ASR