Andhra Pradesh High Court - Amravati
Smt Penkey Lakshmi vs The State Of Andhra Pradesh on 1 April, 2024
Author: K. Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010153662024
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: 2199/2024
Between:
Smt Penkey Lakshmi ...PETITIONER/ACCUSED
AND
The State Of Andhra ...RESPONDENT/COMPLAINANT(S)
Pradesh and Others
Counsel for the Petitioner/accused:
1. R SIVA SAI SWARUP
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
The Court made the following:
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HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.2199 of 2024
Order:
This Criminal Petition, under Section 482 Cr.P.C. has been filed
against the order dated 02.02.2024 passed in Crl.M.P.No.25 of 2024 in
Criminal Appeal No.32 of 2024 on the file of the learned III Additional
District and Sessions Judge, Kakinada.
2. A private complaint has been filed against the petitioner
herein/accused for the offence under Section 138 of the Negotiable
Instruments Act and the same was taken on file as C.C.No.1331 of
2019 on the file of the learned II Additional Judicial Magistrate of First
Class, Kakinada. Learned Magistrate, by Judgment, dated 18.01.2024
convicted the accused and sentenced her to undergo rigorous
imprisonment for a period of one year and to pay an amount of
Rs.10,00,000/- towards compensation to the complainant, in default to
undergo simple imprisonment for a period of three months.
3. Against the said conviction and sentence, the petitioner herein
preferred appeal vide Criminal Appeal No.32 of 2024 on the file of the
learned III Additional District and Sessions Judge, Kakinada. The
petitioner herein has also filed Crl.M.P.No.25 of 2024 in the said
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appeal, for suspension of sentence and by an order, dated 02.02.2024,
the appellate Court allowed the petition suspending the sentence of
imprisonment on the same terms and conditions imposed by the trial
Court and on condition of petitioner depositing Rs.2,50,000/- in the
lower Court on or before 01.03.2024.
4. Learned counsel appearing on behalf of the petitioner submits
that the order passed by the appellate Court is not in accordance with
law.
5. Heard. Perused the record.
6. Section 148 of the Negotiable Instruments Act reads as follows:
"Section 148: Power of Appellate Court to order
payment pending appeal against conviction.
148. (1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), in an appeal
by the drawer against conviction under section 138, the
Appellate Court may order the appellant to deposit such sum
which shall be a minimum of twenty per cent. of the fine or
compensation awarded by the trial Court:
Provided that the amount payable under this sub-
section shall be in addition to any interim compensation paid
by the appellant under section 143A.
(2) The amount referred to in sub-section (1) shall be
deposited within sixty days from the date of the order, or
within such further period not exceeding thirty days as may
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be directed by the Court on sufficient cause being shown by
the appellant."
7. A perusal of the said provision goes to show that the appellate
Court can order payment of compensation pending appeal to be
deposited within a period of 60 days from the date of order. In any
case, if the amount could not be deposited within the stipulated period,
the appellate Court is empowered to extend time for a further period of
30 days on coming to a conclusion that a sufficient cause has been
shown by the appellant for not depositing the said amount.
8. In the case on hand, the appellate Court, while passing the
impugned order, has directed the petitioner herein to deposit
Rs.2,50,000/- in the trial Court on or before 01.03.2024. In the facts
and circumstances of the case, when Section 148 (2) of the N.I. Act
mandates deposit of the amount within sixty days, the lower appellate
Court ought to have granted sixty days' time for deposit of the amount.
9. In view of the aforesaid reason, the order dated 02.02.2024
passed in Crl.M.P.No.25 of 2024 in Criminal Appeal No.32 of 2024 on
the file of the learned III Additional District and Sessions Judge,
Kakinada, is hereby modified. The petitioner is permitted to deposit
Rs.2,50,000/- within a period of eight (8) weeks from the date of
receipt of a copy of this order.
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10. Accordingly, the Criminal Petition is disposed of.
As a sequel thereto, the miscellaneous applications, if any,
pending in this Criminal Petition shall stand closed.
________________________
K. SREENIVASA REDDY, J.
Date:01.04.2024
Nsr
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.2199 of 2024
Date:01.04.2024
Nsr
