G.Jeevan Kumar vs The State Of Telangana And Another
2023 Latest Caselaw 1077 Tel

Citation : 2023 Latest Caselaw 1077 Tel
Judgement Date : 6 March, 2023

Telangana High Court

G.Jeevan Kumar vs The State Of Telangana And Another on 6 March, 2023

Bench: K.Surender

     THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.9995 OF 2021

O R D E R:

This Criminal Petition is filed under Section 482 of the

Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the

petitioner/Accused, to quash the docket order dt.23.11.2017

passed in Crl.M.P.No.4994 of 2017 in Crl.M.P.No.617 of 2017

in Crl.A.No.315 of 2013 on the file of the Court of Learned

I Additional District & Sessions Jude, Ranga Reddy District at

L.B.Nagar.

2. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the respondent - State.

Perused the record.

3. The complainant filed Crl.A.No.315 of 2013, challenging

the Judgment dt.29.04.2013 passed by the learned IX Special

Magistrate, Hasthinapuram, L.B.Nagar, R.R.District, in

C.C.No.74/2012, whereby the learned Magistrate acquitted

the accused for the offence punishable under Section 138 of

the Negotiable Instruments Act.

4. The learned Metropolitan Sessions Judge, Cyberabad,

by order dt.25.07.2014, allowed the Crl.A.No.315 of 2013

setting aside the Judgment of learned Magistrate. Aggrieved

by the said Judgment passed in Crl.A.No.315 of 2013, the

accused filed Criminal Revision Case No.484 of 2020 before

this Court.

5. The complainant filed Crl.MP.No.4994/2017 in

Crl.M.P.No.617 of 2017 in Crl.A.No.315 of 2013 under

Section 174(A) of the Indian Penal Code before the Court

below praying to pronounce the accused as a proclaimed

offender and the learned Sessions Judge by docket order

dt.23.11.2017 passed the following order:

"The petitioner filed petition under Section 174(A) IPC submitting that the accused has no properties. Police also submitted that accused has no properties. Hence, the accused is hereby declared as proclaimed offender on the event of the arrest of accused, he shall undergo the simple imprisonment for a period of three years and to pay a fine of Rs.11,00,000/- (Rupees Eleven Lakhs only) out of which Rs.10,90,000/- (Rupees Ten Lakhs Ninety Thousand only) shall be paid as compensation to the appellant/complainant herein under Section 357(1) Cr.P.C. In the result, the petition is allowed."

6. Aggrieved the aforesaid order, present criminal petition

is filed by the accused.

7. This Court in IA.No.1 of 2020 in Crl.RC.No.484 of 2020

passed order dated 14.11.2022 which reads as follows;

"Learned Counsel for the petitioner submitted that there is a delay of 2167 of days in filing the Criminal Revision Case. He also represented that he is ready to prove his bonafides by paying some amount to respondent/party-in-person. Hence, learned counsel for the petitioner is directed to pay Rs.11,00,000/- within a period of one month. Post this matter on 14.12.2022 and he is directed to pay the said amount and after proving his bonafides, the petitioner will be considered."

8. Thereafter, when the case had come up on 20.12.2022,

this Court passed order which reads as follows:

"The respondent-party in person submitted that no amount was deposited by the petitioner as undertaken by him before this Court on 14.11.2022.

Learned Counsel for the petitioner requested for extension of two (02) months time for depositing the amount of Rs.11,00,000/- (Rupees Eleven Lakhs Only). The respondent objected for the same contending that the petitioner was taking time but was not depositing any amount. Hence, the petitioner is directed to deposit an amount of Rs.5,00,000/- (Rupees Five Lakhs only) by 30.12.2022 and the balance amount to be paid by 20.01.2023 to prove his bonafides.