M/S. Om Surya Electronics ... vs M/S. Az Marketing The State Of A.P.
2021 Latest Caselaw 3525 Tel

         THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

              Criminal Revision Case No.1727 of 2006

ORDER:

This Criminal Revision Case, under Sections 397 & 401 of

Cr.P.C., is filed by the petitioner/complainant, challenging the

judgment, dated 08.08.2006, passed in C.C.No.1640 of 2003 by the

XIV Additional Chief Metropolitan Magistrate at Hyderabad.

2. Heard the learned counsel for the petitioner/complainant,

learned Assistant Public Prosecutor appearing for respondent No.2-

State and perused the record.

3. Notice sent to respondent No.1/accused to the address

mentioned in the cause-title, returned un-served. Hence, notice on

respondent No.1/accused is deemed to have been served.

4. As seen from the material placed on record, the dishonoured

cheque was for an amount of Rs.19,000/-, vide cheque No.549439,

dated 25.06.2002. Learned counsel for the petitioner/complainant

would submit that the subject matter of this Criminal Revision Case is

squarely covered by the judgment, dated 26.02.2020, passed by this

Court in Crl.R.C.No.1712 of 2006 and batch, wherein, this Court,

having elaborately dealt with the subject matter and referring to the

decisions of the Hon'ble Apex Court in Meters and Instruments

Private Limited and another Vs. Kanchan Mehta {(2018) 1

Supreme Court Cases 560} and Somnath Sarkar Vs. Utpal Basu

Mallick and another {(2013) 16 Supreme Court Cases 465},

enhanced the fine amount to double the cheque amount in each case

and ultimately requested this Court to dispose of the instant Criminal

Revision Case on the same lines.

5. The learned Assistant Public Prosecutor has fairly conceded the

request of the learned counsel for the petitioner.

6. In view of the above submissions and following the judgment,

dated 26.02.2020, passed by this Court in Crl.R.C.No.1712 of 2006

and batch, the respondent No.1/accused is directed to pay the fine

amounting to double the cheque amount to the

petitioner/complainant, in default, to undergo simple imprisonment

for a period of thirty (30) days.

7. With the above direction, the Criminal Revision Case is disposed

of.

Miscellaneous petitions, if any, pending in this Criminal Revision

Case, stands closed.

______________________ Dr. SHAMEEM AKTHER, J 17th November, 2021 Bvv