The vs Unknown
2023 Latest Caselaw 3251 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI


              HON'BLE SRI JUSTICE K. SURESH REDDY

             CRIMINAL REVISION CASE No.500 of 2023

ORAL ORDER:


       The petitioner herein/accused in C.C.No.654 of 2018 on the file of

I Additional Metropolitan Magistrate, Vijayawada, Krishna District, was

convicted for the offence punishable under Section 138 of the Negotiable

Instruments Act, 1881 (for short, 'the N.I. Act'), and was sentenced to

undergo simple imprisonment for a period of one year and also to pay

compensation of Rs.16,50,000/- within three months from the date of

judgment, in default to undergo simple imprisonment for a period of one

year, vide judgment dated 14.02.2023.

2.     Aggrieved by the said judgment in C.C.No.654 of 2018, the

petitioner/accused preferred Criminal Appeal No.62 of 2023 before the

learned IV Additional Metropolitan Sessions Judge-cum-VII Additional District

& Sessions Judge, Vijayawada, and along with the said appeal, he filed

Crl.M.P.No.126 of 2023 seeking suspension of sentence passed against him

by the trial Court till the disposal of the appeal.

3.     By order dated 29.03.2023, the lower appellate Court allowed the said

Crl.M.P.No.126 of 2023 and suspended the sentence passed by the trial court

pending disposal of the appeal, subject to deposit of 20% of the

compensation amount by the petitioner before the trial Court on or before
                                                                                        KSR,J
                                                                     Crl.R.C.No.500 of 2023
                                        2


01.05.2023

and also on execution of a bond by the petitioner for Rs.10,000/-

with two sureties each for a like sum to the satisfaction of the learned trial

Judge. Against imposition of the said condition, the petitioner/accused

preferred the present revision case.

4. Heard the learned counsel petitioner and the learned Assistant Public

Prosecutor for the State and perused the record.

5. According to the provisions of Section 148 of the N.I. Act, in an appeal

by the drawer against conviction under Section 138 of the N.I. Act, the

appellate Court may order the appellant to deposit such sum which shall be a

minimum of 20% of the fine or compensation awarded by the trial Court.

Thus, the condition imposed by the lower appellate Court to deposit 20% of

the compensation is just and proper. So far as the time stipulated for

payment of the said amount is concerned, the provisions of Section 148

would provide that such amount shall be deposited within sixty days from the

date of the order, or within such further period not exceeding thirty days as

may be directed by the Court on sufficient cause being shown by the

appellant. In the case on hand, the lower appellate Court has given only one

month time for making the deposit. However, it is also noticed that the

revision petitioner has taken almost one month time to prefer this revision.

In this situation and considering the matter in its entirety, this Court is of the

opinion that extending the time for deposit of the amount till 12.07.2023

would be just and proper.

KSR,J Crl.R.C.No.500 of 2023

6. Accordingly, this criminal revision case is disposed of at the stage of

admission, permitting the petitioner to deposit 20% of the compensation

amount before the trial Court, as per the condition imposed under the order

under revision, on or before 12.07.2023.

7. As a sequel, pending miscellaneous applications, if any, shall stand

closed.

___________________________________

K. SURESH REDDY, J Dt: 27.06.2023 IBL