Citation : 2024 Latest Caselaw 10116 AP
Judgement Date : 11 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! MONDAY, THE ELEVENTH DAY OF NOVEMEER TWO THOUSAND AND TWENTY FOUR (PRESENT: : THE HONOURABLE JUSTICE DR VR K KRUPA SAGAR [A No. 2 OF 2024 iN GCRLULRC NO: 1099 OF <024 Between: J V¥ Subrahmanyam, Hindu, Age 45 years, Rfo D.No 29-28-31, Dasarivari veedhi, Jayanthi Yendurl mansion, Suryarsopet Viayawada. . ..PatitionerAccusad AND 1. The State of Andhra Pradesh, rep., by ts Public Prosecutor, High Court, Amoravalhl. 2. Maa Subrahmanya Steel Enterprises, Rep by its Managing Pariner, Through their authorized person, Bavara Aniana Kumar No Ramu, rindu, Age 25 years , D.No 3-48, Prasadampadu, SCR center, Vilayawada | Respondents/Complainant Counsel for the Petitioner : Sri Nageeb Ahmed Counsel for the Respondent No.1. : Assistant Public Prosecutor Petition under Section 397 (1) of CrPC, (U/e.488 (1) BNSS, 2023) praying thal in the circumstances stated in the memorandum of grounds fled im support of the peliion, the High Court may be pleased to suspend the operation of the sentence and conviction passed in Cr, Appeal No. Sa/2083 on the Me of XN Aad) District & Sessions Judge, Viieyawada dated 24-09-2024 In confirming the convictian and sentence passed in C.C.37/2020 on the fle IV special Magistrate, Viieyawada df 14-02-2083 by enlarge the pettionerfaccused on bail Inthe event of arrest in 0.0 31/2080 on the Mie IV Special Maqistraie af Vila yaweds, Fanding dispasal of CRLRO No. 1099 of e024, on the fle of the High Court, The court while directing issue of notice to the Respondents herein to show cause as fo why this application should nat be complied with, made the folowing (The receiot of this order will be dearned to be the receipt of notice in ORDER:
"This revision is preferred against the conviction Judgment dated 24.08.2026 passed by the XH Addiional District and Sessions Judge at Vilaywaada in Cri. Appeal No.d3 of 2023 confirming the conviction and sentence dated 14.02.2023 passed by IV Special Magistrate, Viayawada in C.C.No.31 of 2020, for the offence under Section 138 of Negotiable instruments Act. The present application seeks a suspensian of the execution of the sentence and the granting of ball.
The learned counsel for the petitioner contends that there is a fair chance of success and that the Court below did not appreciate the fact that no offence under Section 138 of Negotiable instruments Act was made out.
The learned Assistant Public Prosecutor would submit to pass appropriate orders.
The petitioner is directed fo surrender befors tha [¥ Snrecial Magistrate, Vilayawada, and on such surrender the petitioner shall be enlarged on bali on Ais executing a personal bond for Rs.1$,000/ {Rupees Fifteen Thousand onfy! with Qvo sureties for a Hke sum each to the satisfaction of the IV Special Magistrate, Vilayawada." '
SOy- N.NAGAMMA ASSISTANT BECK ISTRAS
For SECTION O ERICER
{. The Alf Additional District & Sessions Judge, Viisyawada.
2. The iv¥ Special Magistrate, Viiayawada.
?
3. The Managing Partner, Maa Subrahmanya Stee! Enterprises, Through authorized person, Bevara Aniana Kumar S/o Ramu , Hindu, Age 35 years, D.No 3-48, Prasadampadu, SCR center, Viiayawadal By RPAD)
4, One CC to Si Naqeeb Ahrned Advocate [OPUC}
8. Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh (OUT) & One spare copy
LSS
HIGH COURT
Or ¥RES_J
DATED 11/4 1/a0a4
LIST THE MATTER 4rTer SX WEERS.
ORDER
iA No. 2 OF s024
IN
CRLAC NO: 1099 OF 2024
DIRECTION
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