Andhra Pradesh High Court - Amravati
Alla Satish Babu vs The State Of Ap on 8 August, 2024
APHC010338932024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3368]
(Special Original Jurisdiction)
THURSDAY ,THE EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION NO: 5476/2024
Between:
ALLA SATISH BABU, S/O ALLA SANYASI RAO, AGED 44
YEARS, RESIDING AT D.NO.7-48 , 2ND FLOOR, ABOVE
POPULAR FOOTWEAR, OPP SONOVISION, MAIN ROAD,
GOPALAPATNAM, VISAKHAPATNAM
...PETITIONER/ACCUSED
AND
1. THE STATE OF AP, BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF ANDHRA PRADESH AT AMARAVATHI.
2. YENNAEMSETTI KASI NAIDU, S/O.LATE ATCHIM NAIDU.
AGED 80 YRS, RESIDING AT D.NO.32-12-148, SHEELA
NAGAR, BHPV POST, GAJUWAKA. VISAKHAPATNAM
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused:
1. B.SUDHAKAR KUMAR
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
The Court made the following order :-
This Criminal Petition is filed by the petitioner/Appellant, under
Section 482 of Code of Criminal Procedure, 1973, seeking to quash the
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portion of order at para 5 in Crl.M.P.No.564 of 2024 in Crl.A.No.172 of
2024, dated 07.06.2024.
2. Heard Sri.B.Sudhakar Kumar, learned counsel for the petitioner
and Sri.A.Rohit, learned Assistant Public Prosecutor representing the
State.
3. Learned counsel for the petitioner would submit that learned
Sessions Judge in the appeal against the conviction for the offence
punishable under Section 138 of Negotiable Instruments Act passed
the impugned order dated 07.06.2024 in Crl.M.P.No.564 of 2024 filed
under Section 389(1) Cr.P.C., directed the petitioner to deposit 20% of
the compensation amount ordered by the learned Trial Judge within 60
days from the date of the order, while suspending the sentence of
imprisonment awarded by the learned Magistrate. He would submit
that the order of the learned Sessions Judge is not in accordance with
Jamboo Bhandari v. MP State Industrial Development Corporation
Ltd1's case.
4. Considering the said circumstances and in view of the Judgment
of the Hon'ble Apex Court in Jamboo Bhandari's case referred above,
it is noticed that the order of learned Sessions Judge is not disclosing
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any finding whether the case falls in the exception or not as observed
by the Hon'ble Apex Court in para 9 and 10 of the judgment.
5. This court is of the considered opinion that the criminal petition is
disposed of, at the stage of admission, setting aside the condition
imposed by the learned Sessions Judge while remitting the matter to
the learned Sessions Judge to consider the same afresh, in the light of
the directions of the Hon'ble Apex Court in para 9 and 10 of the
judgment in Jamboo Bhandari's case. The petitioner/appellant shall
appear before the learned Sessions Judge in 10 days from the date of
receipt of copy of this order and on such appearance the learned
Sessions Judge shall consider the application afresh and dispose of
the same as expeditiously as possible, preferably within seven (07)
days. Till then, suspension order as directed by the learned Sessions
Judge will be in force.
6. Accordingly, the Criminal Petition is disposed of.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
JUSTICE B.V.L.N.CHAKRAVARTHI
Dt. 08.08.2024
SAB
