Judgment vs Section 357 (3) Cr.P.C. To
2023 Latest Caselaw 3698 AP

           THE HON'BLE SRI JUSTICE K.SURESH REDDY

        CRIMINAL REVISION CASE No. 636 OF 2023

JUDGMENT:

The petitioner-accused faced trial in C.C.No. 41 of 2015 on

the file of the Court of Principal Junior Civil Judge - cum - Judicial

Magistrate of I Class, Eluru (for short, 'the trial Court'), for the

offences punishable under Sections 138 and 142 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 29-11-2018, convicted the petitioner for

the offence punishable under Section 138 of the Act and sentenced

him to suffer simple imprisonment for a period of three months

and also to pay a sum of Rs.76,530/- towards compensation under

Section 357 (3) Cr.P.C. to respondent No. 1-complainant and the

compensation amount was directed to be paid within two months,

in default to suffer simple imprisonment for two months.

2. Questioning the said conviction and sentence, the petitioner

herein filed Criminal Appeal No. 551 of 2018 on the file of the

Court of I Additional District and Sessions Judge, West Godavari at

Eluru (for short, 'the appellate Court'). After hearing both sides,

the appellate Court disposed of the appeal by judgment dated

21-06-2023. The appellate Court, while confirming the conviction,

modified the sentence by setting aside the sentence of

imprisonment of three months, instead directed the petitioner to

pay a sum of Rs.80,000/- as fine and out of the fine amount of

Rs.80,000/-, a sum of Rs.78,000/- shall be paid to respondent No.

1-complainant as compensation under Section 357 (1) Cr.P.C. The

appellate Court further directed the petitioner to pay the said fine

amount within a period of ten days, in default to suffer simple

imprisonment for two months. Aggrieved by the same, the

petitioner filed the present revision before this Court.

3. The grievance of the petitioner-accused is that due to

financial problems, he could not pay the fine amount within the

time stipulated by the appellate Court and therefore the petitioner

now requests this Court to extend time to pay the fine amount.

4. In that view of the matter, time stipulated by the appellate

Court to deposit the fine amount of Rs.80,000/- before the trial

Court is extended till 04-08-2023.

5. With the above direction, the criminal revision case is

dismissed at the stage of admission. Pending miscellaneous

application, if any, shall stand dismissed in consequence.

_____________________ JUSTICE K.SURESH REDDY Date: 25-07-2023, Note: Issue C.C. tomorrow.

B/O JSK

HON'BLE SRI JUSTICE K.SURESH REDDY

CRIMINAL REVISION CASE No. 636 OF 2023

DATE: 25TH JULY, 2023

JSK