Citation : 2023 Latest Caselaw 1548 AP
Judgement Date : 20 March, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: Crl.RC.No.204 of 2023
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
BSB, J
2 20.03.2023
Crl.R.C.No.204 of 2023
Heard. Admit.
Notice.
Petitioner is permitted to take out
personal service of notice on the 1st respondent
through RPAD and file proof of service thereof.
Post the revision after four weeks.
________________ B.S.BHANUMATHI, J
IA.Nos.1 & 2 of 2023
The petitioner was found guilty for the offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.4,00,000/- and in default of payment of fine, to suffer simple imprisonment for a period of six weeks. Further, an amount of Rs.3,80,000/- was awarded as compensation to the complainant, vide judgment, dated 24.05.2016, in C.C.No.343 of 2015 on the file of the Court of VI Special Magistrate, Visakhapatnam.
BSB, J
Crl.R.C.No.204 of 2023
SL. DATE ORDER OFFICE
NO. NOTE
The appeal preferred by the petitioner/ accused is dismissed confirming the conviction and sentence passed against him, vide judgment, dated 17.02.2023, in Crl.A.No.220 of 2016 of the learned II Additional Metropolitan Sessions Judge, Visakhapatnam.
Heard learned counsel for the petitioner/accused and learned Assistant Public Prosecutor appearing for the 1st respondent - State. Perused the material record.
Learned counsel for the petitioner submits that in view of the grounds urged in the revision, the petitioner has got fair chances of success in the revision.
Having regard to the facts & submissions and the issues raised in the grounds of revision, which require detailed examination, the execution of sentence passed against the petitioner is suspended, pending final disposal of the revision, and the petitioner, on surrender before the learned VI Special Magistrate, Visakhapatnam, within three weeks from today, is directed to 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 the VI Special Magistrate, BSB, J Crl.R.C.No.204 of 2023
SL. DATE ORDER OFFICE NO. NOTE Visakhapatnam, and also on condition of the petitioner depositing 25% of the cheque amount within a period of eight (8) weeks from today. In default of deposit of cheque amount, as ordered supra, the interim suspension granted today, shall stand cancelled automatically without further reference to the Court.
________________ B.S.BHANUMATHI, J RAR BSB, J Crl.R.C.No.204 of 2023
SL. DATE ORDER OFFICE NO. NOTE
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