Telangana High Court
R.Vijaya Laxmi, Hyderabad., vs The Staate Of Telangana, Rep Pp And ... on 10 October, 2023
Bench: E.V. Venugopal
1
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.851 OF 2017
O R D E R:
The present Criminal Revision Case is filed against the
judgment dated 08.03.2017 passed in Crl.A.No.649 of 2015 on
the file of the learned V Additional Metropolitan Sessions Judge,
Ranga Reddy District, at L.B. Nagar, Hyderabad (for short, "the
appellate Court") in dismissing the Criminal Appeal by confirming
judgment dated 14.07.2015 in C.C.No.24 of 2014 on the file of
the learned III Special Magistrate, Hastinapuram, at L.B. Nagar,
R.R. District (for short, "the trial Court").
2. Heard Mr. M. Shanker, learned counsel representing
Mr. V. Balaram, learned counsel for the petitioner, Mr. Vizarath
Ali, learned Assistant Public Prosecutor appearing for respondent
State and Mr. Malipeddi Srinivas Reddy, learned counsel for
respondent No.2.
3. The brief facts of the case are that respondent No.2-de facto
complainant advanced an amount of Rs.9 lakhs to the petitioner-
accused for her urgent family necessities and the petitioner
executed a promissory note viz., Ex P1. On demand, the
petitioner issued cheque bearing No.162348 dated 28.06.2013
drawn on Andhra Bank, Srinivasapuram Branch, Ramanthapur,
Hyderabad to discharge the legally enforceable debt. The said
cheque was dishonoured for 'insufficiency of funds' in her
account. Thereby, respondent No.2 filed C.C.24 of 2014 before
the trial Court for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 (for short, "N.I. Act").
4. The trial Court vide judgment dated 14.07.2015 in
C.C.No.24 of 2014 convicted and sentenced the petitioner to
undergo simple imprisonment for six months and directed the
petitioner to pay or deposit a compensation of Rs.13,00,000/-
within one month from the date of the judgment in default, to pay
or deposit the compensation, the petitioner was directed to
undergo simple imprisonment for five months. The total
compensation of Rs.13,00,000/- was directed to be paid after the
appeal period.
5. Aggrieved by which, the petitioner preferred an appeal. The
appellate Court vide judgment dated 08.03.2017 in Crl.A.No.649
of 2015 dismissed the appeal by confirming the judgment passed
by the trial Court. Hence, the present Revision.
6. When the matter was taken up for hearing, learned counsel
for petitioner by filing a memo dated 05.10.2023 submitted that
the cheque in question was issued for an amount of
Rs.9,00,000/- and the petitioner was ready and willing to pay
double the amount of cheque. He further stated that the
petitioner was an aged and ailing patient. She underwent liver
transplantation, at Medanta Medicity Hospital, Goargoan, at
Delhi and she is almost in a bed-ridden condition. Learned
counsel also filed a copy of the Discharge Summary of the
petitioner. Therefore, seeks to take a lenient view and set aside
the impugned judgment.
7. Learned counsel for respondent No.2 contended that after
appreciating the oral and documentary evidence available on
record, the appellate Court rightly passed the impugned
judgment. Learned counsel further submitted that by virtue of
the order dated 30.03.2017 passed by this Court, the matter is
being protracted on one pretext or the other causing huge
financial loss to the de facto complainant apart from mental
agony. Therefore, seeks to dismiss the Revision.
8. A perusal of the record shows that this Court vide order
dated 30.03.2017 suspended the sentence of imprisonment only,
subject to execution of self-bond for a sum of Rs.10,000/- with
two sureties for a like sum each to the satisfaction of the learned
Magistrate concerned. So far as the compensation of
Rs.13,00,000/- which includes the fine amount, is concerned, it
is subject to payment/deposit of 1/4th of the said amount, on or
before six weeks from today, before the trial Court, failing which
the trial Court can levy and enforce for its recovery under Section
421 r/w Section 431 of Cr.P.C.
9. Having regard to the submissions made by both the learned
counsel and upon taking into consideration, the decision of the
Apex Court in Meters and Instruments Private Limited and
another Vs. Kanchan Mehta 1 this Court is inclined to direct the
petitioner to deposit double the amount of cheque to the credit of
the trial Court within a period of eight weeks from the date of
receipt of a copy of the order of this Court.
10. In default of payment of the said amount, the impugned
judgment dated 08.03.2017 passed in Crl.A.No.649 of 2015
stands good in all respects.
11. Upon depositing the said amount, respondent No.2
complainant is granted liberty to withdraw the same with
immediate effect.
1 (2018) 1 Supreme Court Cases 560
12. With the above direction, the Criminal Revision Case stands
disposed of.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________
E.V. VENUGOPAL, J
Date: 10.10.2023
ESP
THE HON'BLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.851 OF 2017
Dated: 10.10.2023
ESP
