Andhra Pradesh High Court - Amravati
Are Dhanunjaya Reddy vs The State Of Andhra Pradesh on 17 September, 2024
APHC010319362024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI
PRATAPA
CRIMINAL REVISION CASE NO: 680/2024
Between:
Are Dhanunjaya Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. RAMAKRISHNA AKURATHI
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
The Court made the following: ORDER:-
This Criminal Revision Case is filed against the docket order dated
21.06.2024 passed in DFR. No.393 of 2024 in Crl.M.P.No. of 2024 in
Crl.M.P.No.6 of 2024 in Crl.A.No.315 of 2023 by the learned X Additional
district & Sessions Judge, Gurazala.
2. Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor for the State.
3. The learned counsel for the petitioner submits that the petitioner
was convicted for the offence punishable under Section 138 of Negotiable
Instruments Act by the Additional Judicial Magistrate of First Class,
Macharla, in C.C.No.21 of 2016. He was sentenced to undergo simple
imprisonment for a period of one year and also to pay the cheque amount
i.e. Rs.6,00,000/-, as compensation to the complainant. Aggrieved by the
conviction and sentence, the petitioner filed Criminal Appeal No.315 of
2023 before the X Additional District Judge, Gurajala. In this appeal, the
petitioner filed Crl.M.P.No.6 of 2024 seeking suspension of sentence, to
which the learned Appellate Court ordered the petitioner to deposit 20%
of the compensation amount i.e., Rs.1,20,000/-, within two months from
the date of receipt of the order. This Order was passed on 05.01.2024.
The learned counsel for the petitioner further submits that due to financial
constraints arising from his wife's knee replacement surgery, the
petitioner could not comply with the condition to deposit of Rs.1,20,000/-
within the time specified by the Appellate Court. The learned counsel for
the petitioner further submits that by virtue of proceedings dated
29.08.2024, this Court ordered the petitioner to provide information
regarding his presence before the Appellate Court. The learned counsel
for the petitioner also submitted that a memo has been filed along with
the status of the case, indicating that the officer is on transfer and that the
case has been adjourned from time to time. The learned counsel for the
petitioner has brought to the notice of this Court that since the petitioner
could not comply with the condition imposed by the Appellate Court, the
trial Court has issued a warrant for his presence to serve the sentence.
4. The learned Assistant Public Prosecutor would submit to pass
appropriate orders.
5. Considering the submissions made and the medical records
relating to the treatment of the petitioner's wife, this Court, in the interest
of justice and recognizing that this is the first appeal pending before the
Appellate Court, grants the petitioner a fair opportunity to challenge the
correctness of the impugned Judgment of conviction and sentence by the
learned trial Court.
6. Accordingly, the Criminal Revision Case is allowed, directing the
petitioner to deposit of Rs.1,20,000/- as ordered by the Appellate Court by
01.10.2024. It is clarified that upon compliance with the Order of the
Appellate Court to deposit Rs.1,20,000/-, the warrant issued against the
petitioner will be automatically recalled.
Miscellaneous petitions, if any pending, in the Criminal Revision
Case, shall stand closed.
________________________________
VENKATA JYOTHIRMAI PRATAPA,J
17.09.2024
SDP
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL REVISION CASE No.680 OF 2024
Dated 17.09.2024
SDP
