Citation : 2024 Latest Caselaw 969 AP
Judgement Date : 5 February, 2024
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! MONDAY THE FIFTH GAY OF FEBRUARY | TWO THOUSAND AND TWENTY FOUR -PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO iA No. 1 OF 2024 iN CRURC NO: 4246 OF 2023 Setween: &.Chalapathi Varma, Sio.C.Murali fohan Varma, aged about 47 years, RIHLNG. 28-277729 Near Chinna Market, Cid Town, Kurnool Le Petitioner/Appellant/Accused AND 1. SwLV Rangaiah, Sio. S. Rangaiah, Aged about 56 years, RYO.H.No.4 1/4 3645, Kothapets, Kurnool. . - Respondent/Respondent/Complainant é. State of Andhra Pradesh, Rep. by Public Prosecutor Ayviaravathi _ Respondents Petition under Section 482 of CrP.C praying that in the croumstances Slated in the Memorandum of grounds filed in Support of the petition, the High Court may be gleased to suspend the conviction and sentence in Qt na, 1800 oF 2018 which was confirmed by the | Addl Sessions Judge Kurnool, passed in CRLA No. 37 of 2021 dated 21-09-2023, Pending disposal of CRLRE No. 1276 of 2023, on the file of the High Court, Counsel for the Petitioner 'SRI C SUBOON Counsel for the Respondent No.z:PUBLIC PROSECUTOR The Court made the following. ORDER:
:
This apolication is fled by the Petitioner seeking to suspenc sentence passed in the judgment of conviction in C.0.No.1990 of 2098 dated 02.12.2021 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Kurnool (for short, 'the tial Court'), as confirmed in the judgment dated 34 09.2023 In CrLaA.No.37 af 2024 by the | Additional Sessions Judge, Kurnool (for short, 'the 1 sopellate Court') and enlarge the Petitioner on ball, pencling disposal of the Crimina! revision case.
Learned counsel for the Petitioner submits that the Petitioner is found guilty for the offence under Section 138 of Negotlable Inatrumeants Act and sentenced to underge simple imprisonment for a period of 8 months and he is aleo directed to Say compensation of Rs.2.00 Goa).
which is the cheque amount to the Complainant, vide judgment passed } int C.O.No. 1980 af 2018 dated 02.12.2024 on the file of the trial Gourt, .
The Appeal preferred by the Pelitionsr/Accused is dismissed, confirming the conviction and sentence passed against the accused, vide judgment in Criminal Appeal Nod? of 2021 dated 24.09.9033 By the 7 Appellate Court,
Aggrieved by the said | Judgment, the present Criminal Revision Case is fied,
Heard learned counsel for the PetiNoner.
Learned counsel for the Petitioner submits that in pursuance of the Judgment in CrLA.No.3? of 8024, the Petitioner was sivrendered befors the trial Court and since then, he has bean in Sub-Jall, Rurnool. He further submits that the Petitioner. had deposited 255 of the compensation amount Le., Rs.5G, SOG/- aS per, the Wrections in Cri AL P.No 384 of 2004 in
Gra Ne. oF af 2024 passed by the i Soneliate Court. ee
Having regard to the facts & submissions and the issues raised in the grounds of revision, which require detailed exainination, the substantive sentence of imprisonment alone imposed against the Petitioner is suspended, pending final disposal of the Revision, and the Petitioner shall be enlarged sy bail an Ais executing a personal boned for & Sum of Rs. 10,000). {Rupees Ten Thousand ory} with fwe sureties in a
like sum each to the satisfaction of the learned Judicial Magistrate af First Glass, Special Mobile Court, Kurneni, ee
OO Sd. K. KASIRAO ACHARI UASSISTANT REG
_HYTRUE COPY) : For. .
1, The | Additional Sessions Judge, Kurnoal, Kurnocl Distro: -- - =
2. The Judicial Magistrate of First Class, Special Mobile Court, Kurnisal, Surmool District
3. The Superintendent, cubsJall, Kurnool, Kurnool District
4. SEV Rangaiah, S/o. 8. Rangaiah, Ro. No.4 4/4 3é/5, Kothaneta, Kurnool By READ)
3. One CC ia SRC SUBCDH Advocate fOPUC)
5. Two COs fo PUBLIC PROSECUTOR, High Court of Andhra Fradash POUT] =
%. One spare copy
STRAR
POST THE REVISION AFTER FOUR 4D WEEKS.
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HIGH COURT TMR J
DATED
NOTE
BAIL ORDER
IA No. 1 OF 2034 iN
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GRERG NO:
T2718 QF 2049
INTERIM SUSPENSION
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