Citation : 2023 Latest Caselaw 1403 AP
Judgement Date : 14 March, 2023
76
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: Crl.R.C.No.202 of 2023
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
1. 14.03.2023 BSB, J
I.A No.1 of 2023
Heard.
Dispensed with for one month for filing certified copy.
________________
B.S.BHANUMATHI, J
Crl.R.C.No.202 of 2023
Heard. Admit.
Issue notice to the respondent(s).
Learned counsel for the petitioner is permitted to take out personal service of notice to the respondent(s) by RPAD and file proof thereof.
Post the revision after four weeks.
________________ B.S.BHANUMATHI, J
I.A.No.2 of 2023
The petitioners/Accused are found guilty for the offence punishable under Section 138 of Negotiable Instruments Act, convicted and sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs.10,000/- (Rupees ten thousand only) each and in default of payment of fine to undergo simple imprisonment for a period of three months, vide judgment, dated 21.03.2017, in BSB, J Crl.R.C.No.202 of 2023
SL. DATE ORDER OFFICE NO. NOTE C.C.No.224 of 2011 on the file of the Court of First Metropolitan Magistrate, Vijayawada.
The conviction of the petitioners/accused Nos.1 and 2 and sentence of fine are confirmed and the sentence to undergo simple imprisonment is modified by reducing from two years to six months by the first appellate Court, vide judgment, dated 13.02.2023, in Criminal Appeal No.122 of 2017 of the learned VII Additional District Judge cum V Additional Metropolitan Sessions Judge, Vijayawada.
Heard learned counsel for the petitioners/Accused Nos.1 and 2 and the learned Assistant Public Prosecutor appearing for the 1st respondent - State.
The accused are out of jail.
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 petitioners/accused Nos.1 and 2 are suspended, pending final disposal of the revision, and the petitioners/accused Nos.1 and 2, on surrender before the learned First Metropolitan Magistrate, Vijayawada, within a period of three (3) weeks from today, shall be enlarged on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum each to the satisfaction of the learned First Metropolitan Magistrate, Vijayawada.
________________ B.S.BHANUMATHI, J
PNV BSB, J Crl.R.C.No.202 of 2023
SL. DATE ORDER OFFICE NO. NOTE
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