Telangana High Court
T. Vijay Kumar vs The State Of Telangana on 14 February, 2024
1
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.636 OF 2019
O R D E R:
The present Criminal Revision Case is filed aggrieved by the
vide judgment dated 13.03.2019 in Criminal Appeal No.915 of
2016 on the file of the learned XV Additional Sessions Judge,
Ranga Reddy District, at Kukatpally (for short, "the appellate
Court") in confirming the judgment dated 27.10.2016 in
C.C.No.250 of 2016 on the file of the learned Special Magistrate
Court No.I, Cyberabad, at Kukatpally (for short, "the trial Court").
2. Heard Mr. S. M. Rafee, learned counsel for the petitioner,
Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing
for the respondent No.1 State and Mr. G.M. Ravi Kumar, learned
counsel for respondent No.2.
3. The brief facts of case are that the petitioner/accused and
respondent No.2/complainant were known to each other. Out of
such acquaintance, the complainant and the accused started the
business of Non-Surgical Slimming and Cosmetic Clinic under
the name and style of M/s. Vreshape at shop No.18-78/A, first
floor, V.V. Complex, Chaintanyapuri cross road, Dilsuknagar,
Hyderabad by executing a rental agreement in the name of
complainant with the land lords of the said business premises.
4. Whileso, disputes cropped up between the complainant and
the accused with regard to the said business and the
complainant expressed his inability to continue the said
business. Both the parties settled the matter between themselves.
As part of full and final settlement, the accused agreed to pay a
sum of Rs.6,00,000/- to the complainant in four installments
within six months to one year from the date of the MOU and
thereupon, the complainant would relinquish the said business
w.e.f. 16.04.2014. After completion of six months, the
complainant requested the accused to pay the said amount.
5. On repeated requests, the accused issued a cheque bearing
No.016980 dated 19.12.2015 for a sum of Rs.6,00,000/- drawn
on Axis Bank Limited, Serilingampally Branch in favour of the
complainant in discharge of the legally enforceable debt. On
presentation, the said cheque was dishonoured with an
endorsement "account closed". Therefore, the complainant issued
legal notice dated 30.12.2015 calling upon the accused to repay
the cheque amount. But the accused neither replied the same nor
paid the money. Hence, the accused was alleged to have
committed the offence punishable under Section 138 of the
Negotiable Instruments Act (for short, "NI Act").
6. The trial Court vide judgment dated 27.10.2016 in
C.C.No.250 of 2016 sentenced the petitioner to undergo simple
imprisonment for three months and pay compensation of
Rs.6,00,000/- to the complainant with simple interest @ 9% per
annum from the date of the judgment till payment of the said
compensation amount to the complainant, in default, to suffer
simple imprisonment for three months. Aggrieved thereby, the
petitioner preferred an appeal.
7. The appellate Court vide judgment dated 13.03.2019 in
Criminal Appeal No.915 of 2016 dismissed the appeal confirming
the judgment passed by the trial Court. Assailing the same, the
present Revision.
8. During the course of hearing, learned counsel for the
petitioner stated that the trial Court as well as the appellate
Court failed to appreciate the evidence available on record in
proper perspective and concurrently found the petitioner guilty
for the offence punishable under Section.138 of NI Act. To
substantiate his contention, learned counsel relied upon the
decision passed by the High Court of Karnataka in the Mahaveer
Co-operative Bank Limited Vs. Shri Vittal, S/o. Mayappa
Bagannavar, R/o. Kaparatti Village, Tq; Gokak, District;
Belgaum 1 and seeks to set aside the impugned judgment.
9. Learned Assistant Public Prosecutor and learned counsel
for respondent No.2 contended that respondent No.2 underwent
severe mental agony by roaming around the trial Court as well as
the appellate Court. Learned counsel submitted that both the
Courts upon appreciating the oral and documentary evidence
rightly passed the impugned judgments. But, as the matter is
pending from the year 2019, learned counsel, sought to pass
appropriate orders.
10. A perusal of the record shows that this Court vide order
dated 24.06.2019 suspended the substantive sentence of
imprisonment alone imposed against the petitioner subject to
condition that the petitioner shall deposit a sum of Rs.1,00,000/-
to the credit of the calendar case, within a period of six weeks
from that day and ordered the petitioner to be released on bail on
his executing a personal bond for a sum of Rs.10,000/- with two
sureties for a like sum each to the satisfaction of the trial Court.
Criminal Appeal No.1330 of 2007 dated 27.08.2012
11. Having regard to the submissions made by all the learned
counsel and upon taking into consideration the decisions passed
by the Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed
Babalal 2, R. Vijayan Vs. Baby 3, S.R. Sunil & Company Vs. D.
Srinivasavaradan 4, Mainuddin Abdul Sattar Shaikh Vs. Vijay
D. Salvi 5 and Somnath Sarka Vs. Utpal Basu Mallick 6, this
Court deems it fit and proper to direct the petitioner to deposit an
amount of Rs.6,00,000/- with simple interest at 9% per annum
to the credit of the trial Court, within a period of six months from
the date of receipt of a copy of this order, while reducing the
sentence imposed against the petitioner to the period of detention
already undergone by him under Section 428 of Cr.P.C.
12. In default of payment of the said amount, the judgment
dated 13.03.2019 in Criminal Appeal No.915 of 2016 on the file
of the learned XV Additional Sessions Judge, Ranga Reddy
District, at Kukatpally stands good in all respects.
13. Upon depositing the said amount, respondent No.2/
complainant is granted liberty to withdraw the same with
immediate effect.
2010 (5) SCC 663
(2012) 1 SCC 260
(2014) 16 SCC 32
(2015) 9 SCC 622
2013 (16) SCC 465
14. With the above direction, the Criminal Revision Case stands
disposed of.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________
E.V. VENUGOPAL, J
Date: 14.02.2024
ESP
