Chegondi Ganesh vs The State Of Andhra Pradesh
2024 Latest Caselaw 8571 AP

Andhra Pradesh High Court - Amravati

Chegondi Ganesh vs The State Of Andhra Pradesh on 18 September, 2024

                     HIGH COURT OF ANDHRA PRADESH
                   MAIN CASE No: Crl.R.C.No.885 of 2024
                            PROCEEDING SHEET

SL.     DATE                            ORDER                             OFFICE
NO.                                                                        NOTE
02.   18.09.2024   VJP, J
                                   I.A.No.1 of 2024
                         Dispensed with for the present.
                                                                ______
                                                                VJP, J
                                   I.A.No.2 of 2024
                         The instant petition under Section 397(1)
                   of the Code of Criminal Procedure, has been
                   filed by the Petitioner/Appellant/Accused, to
                   enlarge the Petitioner on bail by suspending the
                   execution of sentence of imprisonment imposed
                   in Crl.A.No.167 of 2023 dated 22.07.2024 on
                   the file of IV Additional District & Sessions
                   Judge, Tanuku, by confirming the judgment
                   passed    in   C.C.No.780     of      2019     dated
                   17.04.2023 on the file of Special Magistrate,
                   Tanuku, wherein the Petitioner was convicted
                   for the offence punishable under Section 138 of
                   N.I. Act and sentenced to undergo simple
                   imprisonment for a period of nine months and to
                   pay fine of Rs.10,000/-, in default of fine, to
                   undergo simple imprisonment for two months
                   and to pay compensation of Rs.2,00,000/- to
                   the complainant u/s.357(3) Cr.P.C.
                         2. Heard Sri Mangena Sree Ramarao,
                   learned counsel for the Petitioner.
                         3. Ms. K.Priyanka Lakshmi, learned Cont..
 SL.   DATE                         ORDER                                 OFFICE
NO.                                                                       NOTE
             Assistant Public Prosecutor takes notice for the
             State/Respondent No.1.

4. Learned counsel for the Petitioner would submit that Petitioner suffered heavy loss in the business and also preferred Insolvency Petitions. He is ready to comply the conditions which may be imposed by this Court. Learned counsel further submits that they have got good grounds to succeed in the Revision. Revision may take considerable time for disposal. Hence, prays to allow the petition.

5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

6. Considering the submissions made, since the Revision may take considerable time for disposal, it is apposite to allow the petition. In that view, petition is allowed, suspending the sentence of imprisonment passed against the

Petitioner, pending disposal of the Revision, on the following conditions:

i) Petitioner shall appear before the Magistrate Court and execute a personal bond of Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Magistrate Court, Tanuku.

ii) Petitioner shall deposit 30% of the cheque amount i.e., Rs.60,000/- on or before SL. DATE ORDER OFFICE NO. NOTE 01.10.2024, without fail. On deposit of such amount, complainant can withdraw the amount by furnishing proper security to the satisfaction of the Magistrate Court.

iii) Petitioner shall appear before this Court when the matter is listed for final hearing.

______ VJP, J

Admit.

List the matter in regular course.

______ VJP, J

Note: Issue CC today B/o PND