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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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
FRIDAY, THE SEVENTEENTH DAY OF MARCH
ll^/O THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE MS JUSTICE B S BHANUMATHl
lANo.1 OF2023
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CRLRC NO: 211 OF 2023
Between:
1. M/S ASR Dredging Services Pvt Ltd, Rep By its Ma~naging 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 Floor, Vantage Point, VRM Road, Ravipuram, Cochin-16,
Kerala State.
...Petitioner(s)
(Petitioner in CRLRC 211 OF 2023
on the file of High Court)
AND
1, The State of Andhra 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 & Authorized
Signatory Mr. Pradeep Kant Faur, H.No, 8-2-293/82/A/379 and 379/A, Road
No.10, Jubilee Hills, Hyderabad-33.
... 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(1) of Cr.P.C is filed praying that in the
circumstances stated in the memorandum of grounds filed 'ln support of the petition,
the High Court may be pleased to suspend the sentence imposed in Judgement
dated 25.01.2023 in Crl.A No.133 of 2018 on the file of the I Additional District &
Sessions Judge, Nellore passed conforming the convection and sentence imposed
in CC No. 331 of 2015 on the file of Special Judicial Magistrate of I Class for
Railways, Nellore dated 08.03.2018, Pending disposal of CRLRC No. 211 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.-
ff The petI-tiOner/Accused are found guilty for the offence punl-shable
under section 138 of Negotl-able Instruments Act, convicted and sentenced to
undergo simple imprl-sonment for a period of one year and to pay Rs.5,00O/- l'n
default to suffer simple imprI-SOnment for a period of two months vide
judgment, dated o8.O3.2018, I-n C.C.No.331 of 2015 on the file of specl'al
JudI-CiaI Magistrate of I class for Railways, Nellore|
The sentence I-mPOSed on the petitioner/Accused is confirmed by the
First Appellate court, vl-de judgment, dated 25.O1|2O23, in Criminal Appeal No.
133 of 2O18 of the learned I Addl-tional Dl'strict & sessl-ons Judge, Nellore|
Heard learned counsel for the petI-tiOners/Accused and learned
Assistant public Prosecutor appearing for the lSt respondent state. perused
the material record.
Learned counsel for the petitl-oners submits that in view of the grounds
urged in the revision, the petI-tiOner have got fair chances of success jn the
revjsl'on.
The petl-tioners are not in jail.
Having regard to the facts & submissI-OnS and 1:he I-SSueS raised I-n the
grounds of revjsl|on, whI-Ch require detailed examination, the substantive
sentence of imprisonment alone imposed against the petitioners are
suspended, pending final disposal of the revis,-on, the petitioners on surrender
before the learned I AddI'tiOnal District & sessions Judge, Nellore withl'n a
perl-od of three (3) weeks from today, sha" be enlarged on ba" on his
executing a personal bond for a sum of Rs.10,OOO/- (Rupees Ten Thousand
only) wI|th two suretl-es in a lI-ke Sum each to the satjsfactjon of learned I
AdditI'Onal District & sessl'ons Judge, Nellore and also on condition of his
depositing 2O% of the amount withI-n a period of el'ght (8) weeks from today. ln
default of deposit of compensation amount, as ordered supra, the I-nterl-m
suspension granted today, Shall stand cancelled automatically without further
reference to the Court."
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//TRUE COPY// sECTloN oFFlcER
To,
1. The I Additional District & Sessions Judge, Nellore.
2. The Special Judicial Magistrate of I class for Railways, Nellore.
3. The Director & Authorized Signatory Mr. Pradeep Kant Faur M/s Krishna
Dredgl'ng Company Pvt Ltd., H.No. 8-2-293/82/A/379 and 379/A, Road No.
10, Jubilee Hills, Hyderabad-33. ( By RPAD)
4. One CC to SRl. VV SATISH Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR (AP) [OUT]
6. Onesparecopy
HIGH COURT
BSBI J
DATED:17/03/2023
ORDER
POST THE REVISION AFTER FOUR WEEKS
IA NO.1 OF 2023
IN
CRLRC.No.211 of 2O23
RELEASED THE PETITIONER ON BAIL
21 MAfl2023
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