Judgment vs Rs.6
2023 Latest Caselaw 3696 AP

           THE HON'BLE SRI JUSTICE K.SURESH REDDY

        CRIMINAL REVISION CASE No. 635 OF 2023

JUDGMENT:

The petitioner-accused faced trial in C.C.No. 326 of 2016 on

the file of the Court of learned III Metropolitan Magistrate,

Vijayawada (for short, 'the trial Court'), for the offence punishable

under Section 138 of the Negotiable Instruments Act, 1881 (for

short, 'the Act'). After completion of trial and after considering the

entire evidence on record, the trial Court, by judgment dated

08-02-2023, convicted the petitioner for the offence punishable

under Section 138 of the Act and sentenced her to suffer simple

imprisonment for a period of two years and also to pay a fine of

Rs.6,00,000/-, i.e. double the cheque amount, in default to suffer

simple imprisonment for four months, and the fine amount is

ordered to be given to respondent No. 2-complainannt towards

compensation under Section 357 (2) Cr.P.C.

2. Questioning the said conviction and sentence, the petitioner

herein filed Criminal Appeal No. 56 of 2023 on the file of the Court

of learned V Additional Metropolitan Sessions Judge, Vijayawada

(for short, 'the appellate Court'). The appellate Court, by order

dated 06-03-2023 in Criminal M.P.No. 164 of 2023 in Criminal

Appeal No. 56 of 2023, suspended the sentence of imprisonment

and also directed the petitioner-accused to deposit 20% of the

compensation amount awarded before the trial Court within a

period of two months. Thereafter, the petitioner-accused filed

Criminal M.P.No. 229 of 2023 seeking extension of time to deposit

20% of the compensation amount awarded. The appellate Court,

by order dated 01-05-2023, granted further 30 days' time to

comply with the order dated 06-03-2023. However, the petitioner-

accused could not comply with the order dated 06-03-2023 even

after grating 90 days' time.

3. Learned counsel for the petitioner-accused submits that since

the petitioner-accused has been suffering from paralysis, she could

not pay 20% of the compensation amount within the time granted

by the appellate Court and therefore the petitioner now requests

this Court to extend time to pay the compensation amount.

4. Having regard to the submission made by learned counsel for

the petitioner-accused, the petitioner-accused is directed to

deposit 20% of the compensation amount awarded before the trial

Court on or before 11-08-2023. It is however made clear that no

further extension of time will be granted.

5. The criminal revision case is disposed of accordingly at the

stage of admission. Pending miscellaneous applications, if any,

shall stand closed in consequence.

_____________________ JUSTICE K.SURESH REDDY Date: 25-07-2023, JSK

HON'BLE SRI JUSTICE K.SURESH REDDY

CRIMINAL REVISION CASE No. 635 OF 2023

DATE: 25TH JULY, 2023

JSK