Andhra Pradesh High Court - Amravati
Patti Venkateswarlu vs The State Of Andhra Pradesh on 8 December, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT ANSRAVA)
PRIQAY THE EIGNTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY THREE
PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
iA No. 1 OF 20233
iN
GRLAG NO: 1142 OF 2023
Belween:
Patti Venkaleswarlu, Sfo. Kondaiah, Aged about 57 years, Gee Telephone
Mechanic, Rio. 18 Crose Road, Backside of Jayaram Theater, Ralapanagal
Road, Ongole, Prakasam District.
. PetitionerPatitioner
AND
*. The State of Andhra Pradesh, Rep. by its Public Prosecutor, At High
court of Andhra Pradesh,
2 Dandoorl Sunsendra, Sic. Subba Rag. Aged about 45 years, Gee
Business, Rio. O.No. 35-1-49. Sesava Swamy Peta, Ongole, Prakasam
strict.
Raspondents/Reapandents
Petition under Section 397/41) of CrP.c praying that in the
circumsiances stated in the memorandum of grounds Hed in support of the
fetition, the Nigh Court may be oleased io suspend the sentence af
imprisonment imposed on pefiticner herain/Accused made in CALA No. 34 of
2019 dated 30-11-2023 by the Family - cum - Vil Additional Cistriet and
Sessions Judge: Prakasam at Ongole and release the patifianer on ball,
Pending disposal of CRLRC No. 1142 of S033, on the file of the High Cour. |
Counsel for the Petitioner SSRI V NITESH
Counsel for the Respondent No.1 -PUBLIC PROSECUTOR
The Court made the following
ORDER:
This application is filed by the petitioner Seeking to suspend
sentence passed in the judgment of conviction in C.C.No.64 of 246 dated
02.04.2019 on the fle of the Special Judicial Magistrate of Firet Claas,
Mobile Caurt, Ongole (for short, 'the trial Cour, as confirmed in the
judgment dated 30.44.2023 in CrLA.No JM of 8075 by the Jucige, Family
Gourt-cum- VI Additional District & Seasiona Judge, Prakasam at Ongols
(for short, 'the 1 gopeliste Court} and enlarge the petitioner on ball,
pending disposal of the Criminal revision case,
MOLINE eg, 1 ne
Learned counsel for the petitioner submits that the petitioner is
found guilty for the offence under Section 198 of Negotiable Instruments
Act and sentenced to underge rigorous imorisanment for a period of one
year and also to pay a fine of Rs. 10,000). In default simple imprisanment
for three months and he is alsa directed te pay campenaation towards the
cheque amount to the complainant, vide Judgmant pasacd in C.C.No.64
af 2018 dated 03.44.2078 on the fle of the trial Court.
The appeal preferred by the petitioner? accused is dismissed,
confirming the conviction and sentence passed againat the accused, vide
judgment in Criminal Appeal No.2t of 3019 dated 30.11.2028 by the 1*
appeiate Court.
Heard. Peruse! the material record.
Learned coungel for the petitioner submite that the petitioner was
arrested an 30.77.2023 and in view of the grounds urged In the revision,
the petitioner has got fair chances of success in the revision.
Having regard to the facts & submissions and the issues raised in
the grounds of revision, which require detailed examination, the
substantive sentence of imprisonment alone imposed against the
pelitioner is suspended, pending final disposal of the revision, and the
petitioner shall be enlarged an ballon his executing a personal bond for
a sur of Ks.10,000/- (Rupees Ten Thousand only) with two sursties for a
like sum each to the satisfaction of the Special Judicial Magistrate of First
Glass, Mobile Gaurt, Qngele and alse on condition of his depositing 10%
of the compensation amount within a period of six (6) weeks from the date
of receipt of capy of this Order.
in default of deposit of amount, aa ordered supra, the interim
Suspension granted today, shall stand cancelled automatically without
further reference to the Court.
Sdi- 8, SRINIVASS PRaSANn
ASSISTANT REGISTRAR
TRUE COPYH SECTION OFFICER
Por oes
To, |
1. The Judicial Magistrate of | Class, Special Mobile Court, Ongala,
Prakasam District
a
Pod
The Judge, Farnily Court - cum -~ Vi Additional Dieties and Sessions
Judge: Prakasam at Gngole
Tre Superintendent, Ongale District Jal, Prakasam (Netrict
Dandoor Suneendra, So. Subba Rao. Agad sbout 45 years, Gcc
Business, Rfo. D.No. 35-1-49. Kesava Swamy Peta, Ongala, Prakasa
District. { By RPAD}
One CC fo SRL V NITESH Advocate POPUCT
Two COs to PUBLIO PROSECUTOR, High Court of Andhra Pradesh [OUTI
One spare copy
T142 QF 2025
'
x
POST THE REVISION AFTER FOUR (04) WEERS
CSN 22023
x
.
x
HIGH CQURT
DATED
BAIL ORDER
i& No. 7 OF 2023
iN
ORLAG NO
TRI, J
NOTE
freer,
ertteh
tiygun
UE fPtte:
INTERIM SUSPENSION
