Sri Gadamsetty Srinivasulu vs Gummalampati Maheswaramma
2023 Latest Caselaw 6009 AP

Citation : 2023 Latest Caselaw 6009 AP
Judgement Date : 12 December, 2023

Andhra Pradesh High Court - Amravati

Sri Gadamsetty Srinivasulu vs Gummalampati Maheswaramma on 12 December, 2023

HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI

MAIN CASE NO: Crl.R.C.No.1074 of 2023

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE 03 12.12.2023 TMR, J

Crl.R.C.No.1074 of 2023 Admit.

Notice.

Post the revision after four (04) weeks.

I.A.No.1 of 2023

This petition is filed by the petitioner seeking to suspend the sentence passed in the judgment of conviction in C.C.No.79 of 2018 dated 04.07.2022 on the file of the Special Judicial Magistrate of First Class, Kavali, Nellore (for short, 'the trial Court'), as confirmed in the judgment dated 10.11.2023 in Crl.A.No.46 of 2022 by the I Additional District & Sessions Judge, Nellore District (for short, 'the 1st appellate Court') and enlarge the petitioner on bail, pending disposal of the Criminal revision case.

Learned counsel for the petitioner submits that the petitioner is found guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of 6 months and he is also directed to pay fine of Rs.5000/- vide judgment passed in C.C.No.79 of 2018 dated 04.07.2022 on the file of the trial Court.

SL.   DATE                          ORDER                               OFFICE
NO.                                                                      NOTE

The appeal preferred by the petitioner/ accused is dismissed, confirming the conviction and sentence passed against the accused, vide judgment in Criminal Appeal No.46 of 2022 dated 10.11.2023 by the 1st appellate Court.

Heard. Perused the material record.

Learned counsel for the petitioner submits that today the petitioner was surrendered before the trial Court. Learned counsel further submits that despite establishing the fact of filing Insolvency Petition, the Courts below did not consider the said fact. Learned counsel for the petitioner further submits that the petitioner could not be in a position to pay 20% of the cheque amount.

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 petitioner is suspended, pending final disposal of the revision, and the petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties in a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class, Kavali and also on condition of his depositing 10% of the cheque amount within a period of eight (8) weeks from the date of receipt of copy of this Order. In default of deposit of

SL. DATE ORDER OFFICE NO. NOTE amount, as ordered supra, the interim suspension granted today, shall stand cancelled automatically without further reference to the Court.

______ TMR, J