Andhra Pradesh High Court - Amravati
B.Veera Reddy vs The State Of Andhra Pradesh on 1 September, 2023
Bench: K Sreenivasa Reddy
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.6595 of 2023
Order:
This Criminal Petition, under Section 482 Cr.P.C., has been filed
against the order, dated 21.07.2023, in Crl.M.P.No.155 of 2023 in
Crl.A.No.82 of 2023 on the file of the learned II Additional District &
Sessions Judge, Kadapa at Proddatur.
2. A private complaint has been filed as against the petitioner
herein for the offence punishable under Section 138 read with 142 of
the Negotiable Instruments Act, 1881, and the same has been taken
on file as C.C.No.452 of 2018 on the file of the learned Junior Civil
Judge-cum-Judicial Magistrate of First Class, Kamalapuram.
3. By judgment, dated 23.06.2023, the learned Magistrate found
the petitioner herein guilty of the offence punishable under Section 138
read with 142 of the Negotiable Instruments Act, 1881 and accordingly
convicted and sentenced him to undergo simple imprisonment for a
period of six (6) months and further directed to pay double the cheque
amount i.e. Rs.20,00,000/- for each of the cheque as compensation to
the complainant, in default of payment of fine the petitioner was
directed to undergo simple imprisonment for a period of three months.
It is further ordered that the complainant is entitled to receive the
compensation amount after expiry of appeal time. Against the said
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conviction and sentence, the petitioner herein preferred appeal in
Criminal Appeal No.82 of 2023 on the file of the learned II Additional
District & Sessions Judge, Kadapa at Proddatur. Along with the
Criminal Appeal, the petitioner herein also filed Criminal M.P.No.155 of
2023 seeking for suspension of sentence.
4. By an order, dated 21.07.2023, the learned II Additional District
& Sessions Judge, allowed the petition suspending the execution of
sentence imposed by the learned Judicial Magistrate of First Class,
Kamalapuram in C.C.No.452 of 2018, on condition depositing 20% of
the compensation amount within 15 days from date of the said order.
Against the said order, the present Criminal Petition is filed.
5. Learned counsel for the petitioner submits that the petitioner
herein could not procure 20% of the compensation amount within
stipulated time. He further submits that the petitioner is not in a
position to deposit the said amount because of financial crisis. The
petitioner herein feels that there is a fair chance of his success in the
appeal.
6. In view of the aforesaid reasons, this Court is inclined to modify
the order dated 21.07.2023 in Crl.M.P.No.155 of 2023 in Crl.A.No.82 of
2023 passed by the appellate Court on condition that the petitioner
herein shall deposit 20% of cheque amount instead of 20% of the
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compensation amount within a period of eight (8) weeks from the date
of receipt of a copy of this order.
7. Accordingly, with the above direction, the Criminal Petition is
disposed of.
8. As a sequel thereto, the miscellaneous petitions, if any, pending
in this Criminal Petition, shall stand closed.
________________________
K. SREENIVASA REDDY, J.
Date:01.09.2023
ASR
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.6595 of 2023
Date:01.09.2023
ASR
