Telangana High Court
M/S Uttam Nagraju vs R. Mahender And Another on 17 February, 2021
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.948 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C.,
seeking to quash the order dated 12.01.2021 in Crl.M.P.No.9
of 2021 in Crl.M.P.No.346 of 2020 in Crl.A.No.315 of 2020
passed by the III Additional Metropolitan Sessions Judge at
Hyderabad (for short, appellate Court).
2. The petitioner herein is the sole accused in C.C.No.4 of
2019 (old No.461 of 2019) on the file of the XIX Special
Magistrate, Hyderabad (for short, trial Court). The offence
alleged against the petitioner is under Section 138 of the
Negotiable Instruments Act. Respondent No.1 herein has filed
a complaint vide C.C.No.4 of 2019 and the same was ended in
conviction vide judgment dated 03.03.2020 passed by the
trial Court. The trial Court directed the petitioner herein to
pay a fine of Rs.4,50,000/-.
3. Feeling aggrieved by the said judgment, the petitioner
herein preferred an appeal vide Crl.A.No.315 of 2020 before
the appellate Court. He has filed an application for
suspension of sentence of imprisonment passed by the trial
Court in C.C.No.4 of 2019. Vide order dated 09.12.2020, the
appellate Court suspended the sentence of imprisonment
subject to condition that the petitioner herein shall deposit
20% of the fine amount before the trial Court on or before
21.12.2020. The petitioner herein has filed extension petition
vide Crl.M.P.No.9 of 2021 seeking extension of time and the
same was dismissed vide order dated 12.01.2021. Feeling
aggrieved by the same, the petitioner filed the present
petition.
4. As stated above, the appellate Court has suspended the
sentence of imprisonment subject to the petitioner depositing
20% of the fine amount vide order dated 09.12.2020. The
petitioner herein sought extension of time to deposit the said
20% of the fine amount on the ground that as he has
performed the marriage of his daughter on 27.11.2020, he
could not deposit the said amount in compliance of the order
dated 09.12.2020 passed by the appellate Court. The
appellate Court dismissed the said petition on the ground
that the petitioner has not assigned any valid reason. It did
not refer the reason mentioned by the petitioner seeking
extension of time. It is the specific contention of the
petitioner that due to his daughter's marriage, he could not
deposit the amount within the stipulated time granted by the
appellate Court.
5. Considering the said aspects and also the fact that the
judgment in C.C.No.4 of 2019 was pronounced on
03.01.2021, this Court is inclined to grant two weeks time
from today to the petitioner to deposit 20% of the fine amount
in compliance of the order passed by the appellate Court in
Crl.M.P.No.346 of 2020 in Crl.A.No.315 of 2020.
6. Accordingly, this petition is allowed quashing the order
dated 12.01.2021 in Crl.M.P.No.9 of 2021 in Crl.M.P.No.346
of 2020 in Crl.A.No.315 of 2020 passed by the III Additional
Metropolitan Sessions Judge at Hyderabad, subject to
petitioner depositing 20% of the fine amount within a period
of two weeks from today, failing which, the appellate Court
and trial Court are at liberty to proceed further in accordance
with law. Miscellaneous petitions pending, if any, in this
Criminal Petition, shall stand closed.
__________________
K. LAKSHMAN, J
Date: 17.02.2021
Note: Issue CC tomorrow.
B/o. TJMR
