Chekuri Krishna Raju, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4770 Tel

                HON'BLE SRI JUSTICE K.SURENDER

        CRIMINAL APPEAL Nos.400, 401, 402, 403, 404, 405

                           and 406 OF 2008

COMMON JUDGMENT:

1.

These Criminal Appeals are filed by the Appellant/Accused No.1

aggrieved by the conviction recorded by the Special Court for the

Andhra Pradesh Protection of Depositors of Financial Establishment

Act, at Hyderabad, in C.C.No.3, 16, 8, 5, 2, 17 and 4 of 2004,

respectively, dated 17.03.2008 convicting the Appellant/Accused

No.1, for the offence punishable under Section 5 of the Andhra

Pradesh Protection of Depositors of Financial Establishments Act.

2. Since the issue for consideration in all these criminal Appeals is

one and the same, all the Criminal Appeals are heard together and

disposed of by this common order.

3. The appellant in all these Criminal Appeals is one and the same.

On the allegation of taking deposits to an extent of Rs.3 crores from 350

depositors, complaints were lodged by the aggrieved persons against the

appellant for not returning the said amounts and on the basis of said

complaints different crimes were registered against the appellant. The

said cases were tried by Special Court and the Special Court found the

appellant guilty for the offence under Section 5 of the Andhra Pradesh

Protection of Depositors of Financial Establishments Act.

5. The main ground on which the learned counsel for the appellant

approached this Court is with regard to the amounts being paid to the

victims. The victims formed into an association and the Association is

represented by a Counsel Sri A.Raghuram Aurava. The appellant is

seeking reduction of sentence.

6. In the said circumstances, since the crime is of the year 2000 and

considerable time has lapsed for process of trial and also during appeal,

and since it is stated by both the counsel that the amounts which have

been allegedly defalcated were paid to the victims, I deem it appropriate

to reduce the sentence of imprisonment to the period already

undergone.

7. The learned Public Prosecutor on instructions would submit that

the amounts were settled in favour of 45 victims who were identified.

8. Accordingly, all the Criminal Appeals are partly allowed reducing

the sentence of imprisonment to the period already undergone.

However, in the event of any other victims coming before this Court, the

appellant undertakes to make good their deposits also.

As a sequel thereto, miscellaneous applications, if any, shall

stand closed.

_________________ K.SURENDER, J Date: 20.09.2022 tk

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL Nos.400, 402, 402, 403, 404, 404, 405

and 406 OF 2008

Dated: 20.09.2022

tk