Andhra Pradesh High Court - Amravati
Endri Sudarsan Sunil vs Voduri Chamundeswari Devi on 3 May, 2023
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Revision Case No.382 of 2023
Order:
This Criminal Revision Case has been filed against the order
dated 16.03.2023 passed in Crl.MP No.218 of 2023 in Criminal Appeal
No.130 of 2023 by the learned VIII Additional District and Sessions
Judge-cum-Special Judge for trial of offences against Women,
Rajamahendravaram.
2. The first respondent herein filed a private complaint under
Sections 190 and 200 Cr.P.C., against the petitioner herein for the
offences punishable under Sections 138 and 142 of the Negotiable
Instruments Act and the same was numbered as CC No.62 of 2018 on
the file of the learned III Additional Judicial Magistrate of First Class,
Rajamahendravaram. The learned Magistrate, after full fledged trial,
by judgment dated 21.02.2023, found the petitioner herein guilty of
the offence punishable under Section 138 of the Act, accordingly
convicted him and sentenced to undergo simple imprisonment for a
period of two years and to pay fine of Rs.2,000/-, in default to
undergo simple imprisonment for a period of two (2) months. The
petitioner herein was also directed to pay a sum of Rs.25,98,000/-
(Rupees Twenty Five Lakhs Ninety Eight Thousand only) to the
complainant by way of compensation within a period of two (2)
months from the date of judgment.
3. Aggrieved by the said judgment, the petitioner herein
preferred Criminal Appeal No.130 of 2023 before the learned VIII
Additional District and Sessions Judge-cum-Special Judge for trial of
offences against Women, Rajamahendravaram, and in the said
appeal, the petitioner filed Crl.MP No.218 of 2023 seeking suspension
of operation of sentence imposed by the learned Magistrate in CC
No.62 of 2018, dated 21.02.2023. The learned VIII Additional District
and Sessions Judge-cum-Special Judge for trial of offences against
Women, Rajamahendravaram, by impugned order dated 16.03.2023,
suspended the execution of sentence imposed and compensation
awarded by the learned Magistrate in CC No.62 of 2018, dated
21.02.2023, on the same terms and conditions imposed by the trial
Court and also on condition of depositing 20% of the compensation
amount by the petitioner before trial Court within 30 days from the
date of order. Aggrieved by the said order, the petitioner filed the
present Revision Case.
4. Learned counsel for the petitioner contended that the condition
imposed by the lower appellate Court directing the petitioner to
deposit 20% of the compensation amount is onerous one.
5. Heard. Perused the record.
6. In view of the aforesaid facts and circumstances of the case
and since the cheque amount is Rs.13,00,000/-, the impugned order
dated 16.03.2023 passed in Crl.MP No.218 of 2023 in Criminal Appeal
No.130 of 2023 by the learned VIII Additional District and Sessions
Judge-cum-Special Judge for trial of Offnces against Women,
Rajamahendravaram, is modified as follows.
"The sentence of imprisonment and compensation, imposed by
the learned III Additional Judicial Magistrate of First Class,
Rajamahendravaram in CC No.62 of 2018, in the judgment
21.02.2023, shall be suspended, pending disposal of the Criminal
Appeal, on the same terms and conditions imposed by the trail Court,
while passing the order suspending the sentence passed by it to the
satisfaction of the learned III Additional Judicial Magistrate of First
Class, Rajamahendravaram, and also on condition of the petitioner
herein depositing 20% of the cheque amount before the trial Court
within a period of eight (8) weeks from today. In default of payment
of the amount as directed supra, this Order will not enure to the
benefit of the petitioner."
7. The Criminal Revision Case is, accordingly, disposed of.
8. As a sequel thereto, the miscellaneous petitions, if any,
pending in this Criminal Revision Case shall stand closed.
_____________________
K. SREENIVASA REDDY, J
Dated:03.05.2023
Nsr
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Revision Case No.382 of 2023
Dated:03.05.2023
Nsr
