Andhra Pradesh High Court - Amravati
Meera Javed Hussain vs The State Of Andhra Pradesh on 2 January, 2023
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Revision Case No.1225 of 2022
Order:
This Criminal Revision Case has been filed against the orders
dated 21.10.2022 and 28.10.2022 passed in Crl.MP Nos.396 and 402
of 2022 in Criminal Appeal No.193 of 2022 by the learned VII
Additional Metropolitan Sessions Judge-cum-IV Additional
Metropolitan Sessions Judge, Vijayawada.
2. The first respondent herein filed a private complaint under
Sections 190 and 200 Cr.P.C., against the petitioner herein for the
offence punishable under Section 138 of the Negotiable Instruments
Act and the same was numbered as CC No.178 of 2020 on the file of
the learned IV Special Magistrate-FAC III Special Magistrate,
Vijayawada. The learned Magistrate, after full fledged trial, by
judgment dated 28.09.2022 found the petitioner herein guilty of the
offence punishable under Section 138 of the Act, accordingly
convicted him and sentenced to undergo simple imprisonment for a
period of six months and also to pay fine of Rs.10,40,000/- or in
default to suffer simple imprisonment for four months. Out of the
fine amount of Rs.10,40,000/- an amount of Rs.10,30,000/- was
ordered to be paid to PW.1 towards compensation.
3. Aggrieved by the said judgment, the petitioner herein
preferred Criminal Appeal No.193 of 2022 before the learned VII
Additional Metropolitan Sessions Judge-cum-IV Additional
Metropolitan Sessions Judge, Vijayawada, and in the said appeal, the
petitioner filed Crl.MP No.396 of 2022 seeking suspension of
operation of sentence imposed by the learned Magistrate in CC
No.178 of 2020, dated 28.09.2022. The learned VII Additional
Metropolitan Sessions Judge-cum-IV Additional Metropolitan Sessions
Judge, Vijayawada, by order dated 21.10.2022, suspended the
execution of sentence imposed and compensation awarded by the
learned Magistrate in CC No.178 of 2020, dated 28.09.2022, on the
same terms imposed by the trial Court and on condition of deposit of
20% of the compensation amount by the petitioner. As there is no
specific time limit for depositing the said compensation amount in the
said order, petitioner filed Crl.MP No.402 of 2022 and the same was
ordered on 28.10.2022 granting 60 days time from the said date for
deposit of 20% of compensation amount. Aggrieved by the said
orders, the petitioner filed the present Revision Case.
4. Learned counsel for the petitioner contended that the condition
imposed by the lower appellate Court directing the petitioner to
deposit 20% of the compensation amount is onerous one.
5. Heard. Perused the record.
6. In view of the aforesaid facts and circumstances of the case,
the impugned orders dated 21.10.2022 and 28.10.2022 passed in
Crl.MP Nos.396 and 402 of 2022 in Criminal Appeal No.193 of 2022
by the learned VII Additional Metropolitan Sessions Judge-cum-IV
Additional Metropolitan Sessions Judge, Vijayawada, are modified as
follows.
"The sentence of imprisonment and compensation, imposed by
the learned Magistrate in CC No.178 of 2020, in the judgment
28.09.2022, shall be suspended, pending disposal of the Criminal
Appeal, on condition of the petitioner depositing 20% of the cheque
amount before the trial Court within a period of eight (8) weeks from
today and also on execution of a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties each for a like sum to
the satisfaction of the learned IV Special Magistrate, Vijayawada. In
default of payment of the amount as directed supra, this Order will
not enure to the benefit of the petitioner."
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:02.01.2023
Nsr
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Revision Case No.1225 of 2022
Dated:02.01.2023
Nsr
