S. Subramanyam vs The State Of Andhra Pradesh
2024 Latest Caselaw 9258 AP

Andhra Pradesh High Court - Amravati

S. Subramanyam vs The State Of Andhra Pradesh on 10 October, 2024

               HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO:         Crl.R.C. No.944 of 2024
                        PROCEEDING SHEET
Sl.                                                                    OFFIC
No.     Date                            ORDER                            E
                                                                       NOTE

01.   10.10.2024
                   VN,J:
                               Crl.RC No.944 of 2024

                           ADMIT. Notice.
                           The learned counsel for the petitioner is
                   permitted to take out personal notice to the
                   respondent No.2 by registered post with

acknowledgment due and file proof of service into Registry.

For hearing, list the matter after six weeks.

I.A.No.1 of 2024

Dispensed with for the time being.

IA No.2 of 2024

This revision is preferred against the conviction Judgment in C.C.No.13 of 2018 on the file of IV Additional Judicial Magistrate of First Class, Tirupati, for the offence under Section 138 of Negotiable Instruments Act, as confirmed by the Appellate Court in Crl.A.No.147 of 2020, dated 04.09.2024. The present application seeks a suspension of the execution of the sentence and the granting of bail.

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.

Considering the submissions on the grounds urged in the revision, this Court is of the opinion that the petitioner is entitled to bail, on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of IV Additional Judicial Magistrate of I Class, Tirupati. Further, condition of bail is that the petitioner shall deposit a cheque amount of Rs.2,00,000/- before the learned IV Additional Judicial Magistrate of I Class, Tirupati within a period of two months from today. Upon such deposit, the complainant shall be entitled to withdraw the said amount. In the event of the petitioner's failure to deposit the cheque amount of Rs.2,00,000/-, the bail granted shall stand cancelled.

______ VN,J SDP / MVA