Andhra Pradesh High Court - Amravati
Modu Lakshmi vs Palleti Sattibabu on 15 February, 2024
IN THE HIGH COURT OF ANGHRA PRADESH AT AMARAVAT!
THURSDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY FOUR
'PRESENT: ws
THE HONOURABLE SRI JUSTICE T MALLIKARJUMA RAO yO
IA No, 2 OF 2024 '
IN
GRLRG NO: 132 OF 2024
Behveen:
Modu Lakshmi, Wo MSrnu, Hindu, aged 35 years, rat Jalari street, Maikapuram,
Visakhapatnam, Celf No G348791329.
Petitioner
AND
t. Pabeti Saitibabu, S/o Late P Sattyya, Hindu, Aged about 35 yrs, Rio D.No Sa.
10-1, Jalan Street, Malkapuram, Visakhapatnam, Phone number act knawn to
the petitioner,
The State of Andhva Pradesh, rep. by its Public Prosecutor, High Court of
Judicature at Andhra Pradesh
hs
. Respondents/Complainant
Counsel for the Patitionar : Sri GOTIVADA RAMU
Counsel for the Respondenta ~~
"~
Petition under Section S89 (1) of CrP. is filed praying that in the
circumstances stated in the memorandum of grounds Med in support of the petitan,
ihe High Gaurt may be pleased fo suspend the execution of sentence dated
TS1WSOTY passed In C.C.No.PSS201S on the fle of the Hl Add#ional Chief
Metropoliian Magistrate Visakhapatnam at Gajlwaka which was confirmed by the
Judgment dated 69.01. 2084 passed in CRL.A.No.540 of 2079 on the file of the RY
Addl Metropolitan Sessions Judge, at Galuwaka and enlarge the petiticner an bail,
Pending disposal of CRLRC No. 132 of 2024, on the file af the High Court,
The court while directing issue of notice to the Respondents herain to show
hause as io why thie application should not be complied with, made the folowing
(The receipt of this order will bs desimed fo be the receipt af notice in the case)
See his application is fled by the Petitioner seeking to suspend sentence
passed In the judgment of conviction in C.C.No.783 of 2018 dated $8.70. 20189
on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam at
Gajuwaka {for short, 'the ¢rial Court}, as confirmed in the judgment dated
O8.01. 2024 in Crh A.No.540 of 2049 by the NV Additional Metropolitan Sessians
Judge, Visakhapatnam at Gafuwaka (or short, 'the 1° spnellate Gourt} and
enlarge the petitioner on ball, pending disposal of the Criminal revision case.
'Learned counsel for the Petitioner submits that the Petitioner is found
guilty for the offence under Section 138 of Negotiable Instruments Act anc
sentenced to underge rigorous imprisonment for a period of aight months and
ahe is also directed fo pay compensation af Rs.5,00,000/ which is the cheque
amount to the complainant, vide Auigment passed in C.0.No.783 of 2018 dated
48.76.2049 on the file of the trial Court.
Hoard. Peruged the material record.
Leamed counsel for the Petitioner submits that the Petitioner ig 3
woman and she is a housewife: today Le, an 18.02.2024, the Petitioner is
surrendered before the tdal Court and in view of the grounds urged in the
Revision, the Petitioner has got fair chances of success in the Revision.
Having regard to the facts & submissions and the issues raised in the
grounds of Revision, which require detailed examination, the substantive
sentence of imprisonment alone imposed against the Petitioner is suspended,
pending final disposal of the Revision, and the Petitioner shall be enlarged on
nail on her executing a personal bond for a sum of Re 20,000!- fRupeas Twenty
Thousand only) with fwe sureties for a Hke sum each fo the satisfaction of the
iparned if Additional Chief Metropolitan Magistrate, Visakhapatnam at
Galuwaka and alse on condition af her deposNing 20% of the compensation
amount of Rs.5,00,000/- within a period of sight (8) weeks from the date of
receipt of copy of this Order.
in default of depos of amount, as ordered supra, the interim
suspension granted today, shall stand oanceliad automatically without further
reference ta the Caurt. ° ee a
Sdi- 5. SRINIVASA BY ASAT.
\SSISTANT RE ISTRAB
'be 3
UTRUE COPY! . SECTION OFFICER
For SC
Ts
The Ht Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka,
The f¥ Additional Mot ropiolitan Sessians Judge, Visakhapatnam at Gawwaka.
Pallet Sattihbabu, Slo Late P.Saltyya, Hindu, Aged about 39 yra, Rio 0. No oe
18-1, Jalan Street, Ma ikapuram, Visakhapatnam, Phone number nal krown to
the petiioner.( By RPAD)
One OC ice Si Gotivads Ramu, Advocate (ORUC]
Two OCs fo Public Prosenutar {APY High Court of Andhra Pradesh [QUT]
One spare copy
oo m8
Oo '=
het
Ne.
HIGH COURT
FMR
DATED NGeegad
POST THE REVISION AFTER FOUR (4) WEEKS.
ORDER
IA No. 2 OF 2024
iN
GRURC NO: 132 OF 2024
INTERIM SUSPENSION
