Andhra Pradesh High Court - Amravati
Yerragopu Venkateswara Rao vs The State Of Andhra Pradesh on 5 October, 2023
Bench: K Sreenivasa Reddy
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.7648 of 2023
Order:
This Criminal Petition has been filed against the order dated
12.12.2022 passed in Crl.MP No.61 of 2022 in Criminal Appeal No.238
of 2022 by the learned III Additional Sessions Judge, Bhimavaram.
2. The second respondent herein filed a private complaint against
the petitioner herein for the offence punishable under Section 138
read with 142 of the Negotiable Instruments Act, 1881 (for short „the
Act‟) and the same was numbered as CC No.253 of 2019 on the file of
the learned Principal Junior Civil Judge-cum-Judicial Magistrate of
First Class, Bhimavaram. The learned Magistrate, after full fledged
trial, by judgment dated 15.11.2022, 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 one year and also to pay fine of
Rs.5,25,000/-, in default he shall undergo simple imprisonment for a
period of three (3) months. The entire fine amount of Rs.5,25,000/-
shall be paid as compensation to the complainant.
3. Aggrieved by the said judgment, the petitioner herein
preferred Criminal Appeal No.238 of 2022 before the learned III
Additional Sessions Judge, Bhimavaram, and in the said appeal, the
petitioner filed Crl.MP No.61 of 2022 seeking suspension of operation
of sentence imposed by the learned Magistrate in CC No.253 of 2019,
dated 15.11.2022. The learned III Additional Sessions Judge,
Bhimavaram, by impugned order dated 12.12.2022, suspended the
execution of sentence imposed by the learned Magistrate in CC
No.253 of 2019, dated 15.11.2022, on the same terms and conditions
imposed by the learned Magistrate and on depositing 20% of the
compensation amount by the petitioner before trial Court within 60
days from the date of order. Aggrieved by the said order, the
petitioner filed the present Criminal Petition.
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.5,25,000/-, the impugned order
dated 12.12.2022 passed in Crl.MP No.61 of 2022 in Criminal Appeal
No.238 of 2022 by the learned III Additional Sessions Judge,
Bhimavaram, is modified as follows.
"The sentence of imprisonment imposed by the learned
Principal Junior Civil Judge-cum-Judicial Magistrate of First Class,
Bhimvaram in CC No.253 of 2019, in the judgment 15.11.2022, shall
be suspended, pending disposal of the Criminal Appeal, on the same
terms and conditions imposed by the learned Magistrate and on
condition of the petitioner depositing 20% of the cheque amount
before the trial Court within a period of four (4) weeks from the date
of receipt of a copy of this order. In default of payment of the
amount as directed supra, this Order will not enure to the benefit of
the petitioner."
7. The Criminal Petition is, accordingly, disposed of.
8. As a sequel thereto, the miscellaneous petitions, if any,
pending in this Criminal Petition shall stand closed.
_____________________
K. SREENIVASA REDDY, J
Dated:05.10.2023
Nsr
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.7648 of 2023
Dated:05.10.2023
Nsr
