Andhra Pradesh High Court - Amravati
M/S Asr Dredging Services Pvt Ltd vs The State Of Andhra Pradesh on 17 March, 2023
Bench: B S Bhanumathi
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
FRIDAY, THE SEVENTEENTH DAY OF MARCH
T\^/O THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE MS JUSTICE B S BHANUMA
lA No. 2OF2023
IN
CRLRC NO: 214 oF 2023
Between:
1. M/s ASR Dredging Services Pvt Ltd, Rep By its Managing Director, Mr. Ashraf
Baker having its registered Office at 7C Oriental Gardens South Tower,
Karugappally, Desabhimani Road, Koloor, Kochi-682 026, Kerala State.
2. Mr. Ashraf Baker, Managing Director, M/s ASR Dredging Services Pvt Ltd.,
No. 7/2m Ground FIoor, Vantage Point, VRM Road, Ravipriram, Cochin-16,
Kerala State.
.,. Petitioner(s)
(Petitioner in CRLRC 214 OF 2023
on the file of High Court)
AND
1. The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of
Andhra Pradesh At Amaravati.
2. M/s Krishna Dredging Company Pvt Ltd., Rep. by its Director and Authorized
Signatory Mr. Pradeep Kant Faur, H.No. 8-2-293/82/A/379 and 379/A, Road I
No.10, Jubilee Hills, Hyderabad-33. (Complainant)
...Respondent(s)
(Respondents in-do-)
Counsel for the Petitioners : SRI V V SATISH
counsel for the Respondent No.1 : PUBLIC PROSECUTOR (AP)
Petition under Section 397 of Cr.P.C is filed praying that in the circumstances
stated in the memorandum of grounds filed in support of the petition, the High Court
may be pleased may be pleased to suspend the sentence imposed in Judgement
dated 25.01.2023 in Crl.A No.132 of 2018 on the file of the I Additional District 85
Sessions Judge, Nellore passed conforming the convection and sentence unposed
in CC No. 332 of 2015 on the file of Special Judicial Magistrate of I Class for
Railways, Nellore dated 08.03.2018 Pe`nding disposal of CRLRC No. 214 of 2023,
on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not'be complied with, made the following
order.(The receipt of this order will be -deemed to be the receipt of notice in the
case). The Court made the following
ORDER:
f[The petitioners/Accused are found guilty for the offence punishable
under section 138 of Negotiable Instruments Act, convicted and sentenced td
+,
undergo simple imprisonment for a period of one year and to pay Rs.5,000/--ln
default to suffer simple imPrOSiOnment ,for a Period Of two months Vide
judgment, dated o8.03.2018, in C.C.No.332 of 2015 on the file of Special
Judicial Mag'lstrate of class for Railways, Nellore.
The sentence imposed On the Petitioners/accused iS COnf-lrmed by the
First Appe[[ate Court, vide judgment, dated 25.01.2023, in Criminal Appeal No.
132 of 2018 of the learned I Additional District & Sessions Judge, Nellore.
Heard learned counsel for the Petitioners/Accused and learned
Assistant Public Prosecutor appearing for the lS respondent -state. perused
the material record.
Learned counsel for the Petitioners Submits that in View Of the grounds
urged in the revision, the petitioners have got fair. chances of success in the
revision.
The petitioners are not in 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 are
suspended, pending final disposal of the revision, the petit-loner on surrender
before the learned I Additional District & ,Sessions Judge, Nellore within a
period of three (3) weeks from today, shall be enlarged on bail on his
executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand
only) with two sureties in a like sum each to the satisfaction of learned I
Additional District & Sessions Judge, Nellore and also on condition of his
depositing 20% of the 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 automatica[[y without further
reference to the Court."
Sd/-K.SRINIVASA RAJU
ASSISTANT lSTRAR
//TRUE COPY// P/I -G
SECTION OFFICER
To,
1. The I Additional District & Sessions Judge, Nellore.
2. The Special Judicial Magistrate of I class for Railways, Nellore.
3. The Director and Authorized Signatory Mr. Pradeep Kant Faur, M/s -Krishna
Dredging Company Pvt Ltd., H.No. 8-2-293/82/A/379 and 379/A, Road No.
10, Jubilee Hills, Hyderabad-33. (Complainant)(By RPAD)
4. One CC to SRl. V V SATISH Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR (AP) [OUT]
6. Onespare copy
ER
HIGH COURT
BSB, J
DATED: 17/03/2023
ORDER
POST THE REVISION AFTER FOUR WEEKS
lA.NO.2 OF 2023
lN
CRLRC.No.214 of 2023
RELEASED THE PETITIONER ON BAIL
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