Andhra Pradesh High Court - Amravati
M/S. Balaji Rice Industries vs Sakamuri Subba Reddy, on 1 April, 2024
Author: K. Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010150742024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3327]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 2176/2024
Between:
M/s. Balaji Rice Industries and ...PETITIONER/ACCUSED(S)
Others
AND
Sakamuri Subba Reddy ...RESPONDENT/COMPLAINANT(S)
and Others
Counsel for the Petitioner/accused(S):
1. T JANARDHAN RAO
Counsel for the Respondent/complainant(S):
1.
2. PUBLIC PROSECUTOR (AP)
The Court made the following:
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.2176 of 2024
Order:
This Criminal Petition has been filed against the order dated
12.03.2024 passed in Crl.MP No.104 of 2024 in Criminal Appeal No.22
of 2024 by the learned III Additional District and Sessions Judge,
Kurnool, at Nandyal.
2. The first respondent herein filed a private complaint against
the petitioners herein/A1 and A2 (A1 is firm and A2 has been
representing A1 firm) for the offence punishable under Section 138
read with 142 of the Negotiable Instruments Act, 1881 (for short „the
Act‟) and the same was taken on file as CC No.334 of 2019 on the file
of the learned Special Magistrate, Nandyal. The learned Magistrate,
after full fledged trial, by judgment dated 16.02.2024, found the
accused guilty of the offence punishable under Section 138 of the Act,
accordingly convicted him and sentenced to undergo simple
imprisonment for a period of one year. The accused were directed to
pay a sum of Rs.23,50,000/- to the complainant as compensation
under Section 357(3) Cr.P.C., within one month from the date of
judgment, in default to undergo simple imprisonment for a period of
three months.
3. Aggrieved by the said judgment, the petitioners herein
preferred Criminal Appeal No.22 of 2024 before the learned
III Additional District and Sessions Judge, Kurnool, at Nandyal, and in
the said appeal, the petitioners filed Crl.MP No.104 of 2024 seeking
suspension of operation of sentence imposed by the learned
Magistrate in CC No.334 of 2019, dated 16.02.2024. The learned III
Additional District and Sessions Judge, Kurnool, at Nandyal, by
impugned order dated 12.03.2024, suspended the execution of
sentence imposed by the learned Magistrate in CC No.334 of 2019,
dated 16.02.2024, on the same terms and conditions imposed by the
learned Magistrate and on depositing 20% of the compensation
amount of Rs.23,50,000/- by the petitioners herein before trial Court
within a period of one months from the date of order. Aggrieved by
the said order, the petitioners filed the present Criminal Petition.
4. Learned counsel for the petitioners contended that the
condition imposed by the lower appellate Court directing the
petitioners 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 cheques amount is Rs.23,50,000/-, the impugned order
dated 12.03.2024 passed in Crl.MP No.104 of 2024 in Criminal Appeal
No.22 of 2024 by the learned III Additional District and Sessions
Judge, Kurnool, at Nandyal, is modified as follows.
"The sentence of imprisonment imposed by the learned Special
Magistrate, Nandyal in CC No.334 of 2019, in the judgment dated
16.02.2024, 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 petitioners herein depositing 15%
of the cheques amount of Rs.23,50,000/- before the trial Court within
a period of twelve (12) 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 petitioners."
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:01.04.2024
Nsr
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.2176 of 2024
Dated:01.04.2024
Nsr
