Atmakuru Mallikarjuna vs The State Of Andhra Pradesh
2023 Latest Caselaw 1438 AP

                                                                                      37
                                        HIGH COURT OF ANDHRA PRADESH

      MAIN CASE NO: Crl.R.C.No.205 of 2023

                                     PROCEEDING SHEET

SL.       DATE                            ORDER                                       OFFICE
NO.                                                                                    NOTE
 1.     15.03.2023 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.205 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 petitioner/Accused is found guilty for the offence punishable under Section 138 of Negotiable Instruments Act, convicted and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees five thousand only) and in default of payment of fine to undergo simple imprisonment for a period of two months. The accused is also directed to pay compensation of Rs.3,00,000/- (three lakhs only) to the complainant, and in BSB, J Crl.R.C.No.205 of 2023

SL. DATE ORDER OFFICE NO. NOTE default to suffer simple imprisonment for two years, vide judgment, dated 21.01.2020, in C.C.No.68 of 2018 on the file of the Court of Special Judicial Magistrate of I Class, Kovur.

The sentence imposed on the petitioner/accused is confirmed by the first appellate Court, vide judgment, dated 21.02.2023, in Criminal Appeal No.59 of 2020 of the learned IV Additional District and Sessions Judge, Nellore.

The petitioner is out of jail.

Heard the learned counsel for the petitioner/Accused and the learned Assistant Public Prosecutor appearing for the 1st respondent - State.

The learned counsel for the petitioner submitted that already 20% of the compensation amount was deposited before the Magistrate as per the direction of the first appellate Court. He further submitted that the petitioner would be abide by any other condition including payment of amount imposed by this Court in the event of granting the interim relief.

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 petitioner is suspended, pending final disposal of the revision, and the petitioner, on surrender before the learned Special Judicial Magistrate of I Class, Kovur, SPSR Nellore District, within a period of three weeks from today, shall be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Special Judicial Magistrate of I Class, Kovur BSB, J Crl.R.C.No.205 of 2023

SL. DATE ORDER OFFICE NO. NOTE and also on condition of his depositing 20% of the compensation amount within a period of eight (8) weeks from today. In default of deposit of compensation amount, as ordered supra, the interim suspension granted today, shall stand cancelled automatically without further reference to the Court.

________________ B.S.BHANUMATHI, J Note:

Issue CC tomorrow.

                  B/o
                 PNV
                                      BSB, J
                     Crl.R.C.No.205 of 2023



SL.   DATE   ORDER                       OFFICE
NO.                                       NOTE