K. Sudheer Kumar vs The State Of A.P.
2022 Latest Caselaw 4063 Tel

     THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

          Criminal Revision Case No.1506 of 2008

ORDER:

This Criminal Revision Case, under Sections 397 and 401

Cr.P.C is filed by the petitioner/appellant/accused, aggrieved by

the judgment dated 03.10.2008 passed in Criminal Appeal No.37

of 2008 by the learned V Additional Metropolitan Sessions Judge

(Mahila Court) at Hyderabad, wherein the Court below dismissed

the appeal confirming the conviction and sentence recorded

against the petitioner/appellant/accused of the offence under

Section 138 of N.I.Act vide judgment dated 22.01.2008 passed in

C.C.No.623 of 2006 by the learned XIV Additional Chief

Metropolitan Magistrate, Hyderabad.

2. There is no representation for the petitioner/accused.

3. Heard the learned Public Prosecutor for the State and

perused the record.

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

complainant filed private complaint under Section 200 Cr.P.C

against the petitioner/accused for the offence punishable under

Section 138 of N.I. Act, and the same was registered as

C.C.No.623 of 2006. The trial Court vide judgment dated

22.01.2008 convicted the petitioner/accused for the offence

punishable under Section 138 IPC and sentenced him to undergo

Rigorous Imprisonment for a period of one year and to pay a fine

of Rs.5,000/-, in default, to suffer Simple Imprisonment for a

period of 30 days. Challenging the same, the petitioner/accused

preferred Criminal Appeal No.37 of 2008 before the Court below.

The Court below vide impugned judgment dated 22.01.2008

dismissed the appeal. Aggrieved by the same, the petitioner/

accused preferred this Criminal Revision Case, without making

the complainant as party respondent.

5. This Court vide order dated 17.06.2022 was pleased to

direct the petitioner/accused to implead the complainant as party

respondent in this Criminal Revision Case. But till date, the said

order has not been complied by the petitioner/accused. On last

occasion i.e, on 15.07.2022, there was no representation for the

petitioner. Today also, there is no representation for the

petitioner.

6. The complainant is a necessary party to proceed in this

Criminal Revision Case. On this ground, this Criminal Revision

Case is liable to dismissed.

7. Accordingly, this Criminal Revision Case is dismissed as not

maintainable. The suspension of sentence of imprisonment

granted in favour of the petitioner/accused vide order, dated

14.10.2008, passed in Crl.R.C.M.P.No.2060 of 2008 in

Crl.R.C.No.1506 of 2008 was revoked by this Court vide order

dated 22.04.2022. The learned XIV Additional Chief Metropolitan

Magistrate, Hyderabad, is directed to issue Non-Bailable Warrant

against the petitioner/accused to enforce the sentence of

imprisonment imposed against him vide judgment dated

22.01.2008 passed in C.C.No.623 of 2006.

Miscellaneous Petitions, if any, pending in this revision,

shall stand closed.

______________________ Dr. SHAMEEM AKTHER, J Date: 04.08.2022 scs