Adapala Rama Krishna Rao vs Elaprolu Vijaya Lakshmi
2023 Latest Caselaw 1638 AP

         HON'BLE SRI JUSTICE K. SREENIVASA REDDY

                Criminal Petition No.2082 of 2023

Order:

      This Criminal Petition has been filed against the order dated

24.01.2023 passed in Crl.MP No.16 of 2023 in Criminal Appeal No.16

of 2023 by the learned VI Additional Metropolitan Sessions Judge-

cum-XII Additional District and Sessions Judge, Vijayawada.


2.    The first respondent herein filed a private complaint under

Sections 190 and 200 Cr.P.C. against the petitioner herein for the

offence punishable under Section 138 read with 142 of the Negotiable

Instruments Act (for short 'the Act') and the same was numbered as

CC No.171 of 2019 on the file of the learned I Special Magistrate,

Vijayawada. The learned Magistrate, after full fledged trial, by

judgment dated 20.12.2022, found the petitioner herein guilty of the

offence punishable under Section 138 read with 142 of the Act,

accordingly convicted him and sentenced to undergo simple

imprisonment for a period of six months and also to pay fine amount

of Rs.18,00,000/-, in default he shall undergo simple imprisonment

for a period of six months. Out of the fine amount, an amount of

Rs.17,90,000 was awarded to the complainant towards

compensation.

3. Aggrieved by the said judgment, the petitioner herein

preferred Criminal Appeal No.16 of 2023 before the learned VI

Additional Metropolitan Sessions Judge-cum-XII Additional District

and Sessions Judge, Vijayawada, and in the said appeal, the

petitioner filed Crl.MP No.16 of 2023 seeking suspension of operation

of sentence imposed by the learned Magistrate in CC No.171 of 2019,

dated 20.12.2022. The learned VI Additional Metropolitan Sessions

Judge-cum-XII Additional District and Sessions Judge, Vijayawada, by

an order dated 24.01.2023, suspended the execution of sentence

imposed by the learned Magistrate in CC No.171 of 2019, dated

20.12.2022, on depositing 20% of the compensation amount by the

petitioner on or before 20.02.2023 and also on execution of a bond

by the petitioner for Rs.10,000/- (Rupees Ten Thousand only) with

two sureties each for a like sum, to the satisfaction of the learned IV

Special Magistrate, Vijayawada.

4. Against the said order, the present Criminal Petition is filed on

the ground that the condition imposed by the learned Sessions Judge

directing the petitioner to deposit 20% of the compensation amount

is onerous one and the petitioner could not be in a position to

mobilize the amount within the stipulated time.

5. Heard. Perused the record.

6. Learned counsel for the petitioner submitted that the petitioner

is working as Driver and the condition imposed by the lower appellate

Court directing the petitioner to deposit 20% of the compensation

amount is onerous one and the petitioner is not in a position to

mobilize the amount within the stipulated time and though the order

of bail was granted in his favour he could not avail the same because

of the condition imposed by the learned Sessions Judge.

7. In view of the aforesaid facts and circumstances of the case,

this Court feels that the ends of justice would be met if the petitioner

is directed to deposit 20% of the cheque amount within a period of

eight (8) weeks from the date of receipt of a copy of this order.

Accordingly, the impugned order dated 24.01.2023 passed in Crl.MP

No.16 of 2023 in Criminal Appeal No.16 of 2023 by the learned VI

Additional Metropolitan Sessions Judge-cum-XII Additional District

and Sessions Judge, Vijayawada is modified, and the sentence

imposed by the trial Court shall stand suspended pending disposal of

the Criminal Appeal, subject to depositing 20% of the cheque amount

by the petitioner within a period of eight (8) weeks from the date of

receipt of a copy of this order and also on execution of a bond by the

petitioner herein for Rs.10,000/- (Rupees Ten Thousand only) with

two sureties each for a like sum to the satisfaction of the learned IV

Special Magistrate, Vijayawada. In default of depositing of the

amount, as directed supra, this Order will not enure to the benefit of

the petitioner.

8. With the above observation, the Criminal Petition is disposed

of.

9. As a sequel thereto, the miscellaneous petitions, if any,

pending in this Criminal Petition shall stand closed.

_____________________ K. SREENIVASA REDDY, J Dated:23.03.2023 Nsr

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.2082 of 2023

Dated:23.03.2023 Nsr