Gandham Varalakshmi vs The State Of Telangana
2021 Latest Caselaw 1783 Tel

            THE HONOURABLE SRI JUSTICE K.LAKSHMAN

               CRIMINAL PETITION No.4687 OF 2021

ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. to

quash the order dated 31.03.2021 passed in Crl.M.P.No.130 of 2021 in

Crl.Appeal No.73 of 2021 on the file of the learned VIII Additional

District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

Heard the learned counsel for the petitioner and the learned

Public Prosecutor.

Perused the record.

The petitioner herein is an accused in C.C.No.425 of 2017. The

offences alleged against the petitioner herein are under Section 138

read with Section 142 of the Negotiable Instruments Act. By judgment

dated 03.03.2021, the petitioner herein was convicted by the

Court below in C.C.No.425 of 2017. Feeling aggrieved by the said

judgment, the petitioner herein has preferred an Appeal vide Criminal

Appeal No.73 of 2021. Along with the said appeal, the petitioner has

also filed an application vide Crl.M.P.No.130 of 2021 under Section

389(1) of Cr.P.C. seeking to suspend the judgment dated 03.03.2021

in C.C.No.425 of 2017. The Appellate Court vide order dated

31.03.2021 allowed the said application by suspending the operation

of sentence passed by the trial Court in the said C.C. till the disposal

of the Appeal on condition of the petitioner depositing 20% of the fine

amount in the trial Court within two months from 03.03.2021 on the

same terms and conditions as imposed by the trial Court while

suspending the operation of sentence till the disposal of the appeal.

The petitioner herein has filed the present application

challenging the order dated 31.03.2021 passed by the Appellate Court

on the ground that he met with an accident and thereafter suffered

with Covid. In proof of the same, he has not filed any documents.

According to this Court, the Appellate Court has rightly passed the

order dated 31.03.2021 directing the petitioner herein to deposit 20%

of the fine amount while suspending the operation of the sentence

passed by the trial Court. Thus, the petitioner herein failed to make

out any case to interfere with the order passed by the Appellate Court

by invoking the powers of this Court under Section 482 Cr.P.C.

Thus, the Criminal Petition is liable to be dismissed and it is

accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall also stand

dismissed in the light of this final order.

_________________ K.LAKSHMAN, J Date: 23.06.2021 pgs