Andhra Pradesh High Court - Amravati
Menta Kameswara Rao vs The State Of Andhra Pradesh on 27 October, 2023
HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO.8253 OF 2023
O R D E R:
This petition is filed by the petitioner/accused, who
was convicted in Calendar Case No.45 of 2018 vide
Judgment, dated 20.09.2023 on the file of Principal Junior
Civil Judge, Nellore for the offence punishable under Section
138 of the Negotiable Instruments Act, 1881 and sentenced
to undergo simple imprisonment for a period of one year and
also to pay the cheque amount of Rs.4,25,000/- as
compensation under Section 357 (3) of CrPC, in default of
payment of compensation, shall undergo simple
imprisonment for a further period of three (03) months.
2. Petitioner being aggrieved by the Judgment of
the Trial Court, carried the matter in appeal vide Criminal
Appeal No.71 of 2022 on the file of IV Additional District
Judge, Nellore.
3. During the pendency of appeal, he filed the
Crl.M.P.No.15 of 2022 seeking suspension of sentence,
wherein the petition was allowed subject to deposit of 20%
of the compensation amount awarded by the Trial Court
within sixty (60) days from the date of the order.
4. Petitioner, due to his financial constraints, could
not deposit 20% of the compensation within sixty (60) days.
On execution of non-bailable warrant, he was sent to jail on
17.07.2022 and suffering sentence. Petitioner approached
the Appellate Court again seeking permission to deposit 20%
of the compensation amount to comply the condition
imposed while suspending the sentence.
5. Appellate Court i.e., VI Additional District Court,
Nellore vide impugned Order, dated 03.10.2023, 'Dismissed'
the said petition holding that the Court has no jurisdiction
to extend the time more than thirty (30) days after expiry of
sixty (60) days as per Section 148 (2) of the Negotiable
Instruments Act, 1881.
6. Being aggrieved by the said Order, the petitioner
approached this Court seeking direction to the Appellate
Court to permit him to deposit 20% of the compensation
amount and thereby, suspend the sentence of imprisonment
passed against him.
7. Heard Sri Amancharla Satish Babu, learned
counsel for the petitioner and Smt. D. Prasanna Lakshmi,
learned Assistant Public Prosecutor for the respondent/
State.
8. As can be seen from the record, petitioner was
convicted for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 and sentenced to
undergo simple imprisonment for a period of one (01) year
apart from the payment of Rs.4,25,000/- as compensation.
Feeling aggrieved and dissatisfied with the Judgment of the
Trial Court, he carried the matter in appeal. In a petition
filed by him under Section 389 CrPC seeking suspension of
sentence, the Appellate Court ordered him to deposit 20% of
the compensation amount. However, the petitioner failed to
deposit the said amount within the time frame, because of
his financial crisis. On execution of non-bailable warrant,
the petitioner was produced before the Court and he was
sent to jail.
9. The record further shows that the petitioner has
been in Jail suffering sentence since 17.07.2022. However,
the petitioner is now ready to deposit the amount.
10. Therefore, the Criminal Petition is disposed of
giving direction to the Appellate Court to permit the
petitioner to deposit 20% of the compensation as ordered by
the Appellate Court, within a period of one (01) week in
compliance of the condition imposed while suspending
sentence against the petitioner.
11. With this observation, the Criminal Petition is
disposed of.
Pending miscellaneous petitions, if any, shall stand
closed in consequence.
JUSTICE VENKATA JYOTHIRMAI PRATAPA
27th October, 2023.
Note:
Issue CC by today
B/o.
DNB/KLNS
